Media, lawyers take on govt over gag order
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Media, lawyers take on govt over gag order

Twelve online media outlets and human rights lawyers yesterday petitioned the Civil Court to void a new prime ministerial order issued under the state of emergency decree that they believe threatens accurate media coverage as well as freedom of expression.

They also asked for a temporary court injunction to freeze the use of the controversial order, pending a final judgement, on grounds that the issue was critical to society as it posed a threat and instilled fear among the public.

Among the 12 parties who jointly filed the suit at the court and named Prime Minister Prayut Chan-o-cha as the offender were media representatives from digital platforms, namely The Reporters, Voice, The Standard and Prachatai, The Momentum, THE MATTER, Dem All, The People, way magazine, and PLUS SEVEN.

The lawsuit said press freedom was under threat from the 29th announcement of the emergency decree and claimed the prime minister had no authority to block internet providers, as the Computer Crime Act already covers these matters.

Announcement No.29 under the emergence decree, signed by the prime minister, took effect on Friday. It instructs authorities to order internet service providers to immediately block access to anyone who propagates information that may "frighten the public".

Norasate Nongnatoom, a lawyer representing the group called the Human Rights Lawyers Alliance, who was one of the 12 signatories, said the wording in the order may lead to an interpretation that any information that may frighten the public is prohibited no matter if it is a fact.

This order lacks clarity, and is unlawful and unconstitutional, he said.

While press freedom is protected under Sections 26, 34 and 35 of the charter, this move of the government limits the freedom of the press to publish facts, he said.

He insisted that any information that is proven to be illegal should instead be deleted individually, as accurate reporting may be hindered if websites are shut down for violating Section 30 of the constitution.

Digital Economy and Society (DES) Minister Chaiwut Thanakamanusorn, meanwhile, insisted the announcement won't hinder the media and promised a meeting with executives from all the major outlets on the issue, Mr Chaiwut said.

Trairat Viriyasirikul, acting secretary-general of the Office of the National Broadcasting and Telecommunications Commission (NBTC), said the NBTC had not yet established a new working committee to oversee the regulation.

"We insist that the NBTC has no intention of limiting people's rights. We only oversee issues that may cause panic among the public and there will be no information blackouts over the political protests -- the emergency decree only covers measures related to Covid-19," Mr Trairat said.

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