The Election Commission has promised to give both critics and supporters a chance to air their views of the draft charter in the lead-up to the Aug 7 referendum, but they must express their opinions in good faith.
At a seminar on the referendum held Thursday, EC member Somchai Srisutthiyakorn said the EC had suggested the military regime give all stakeholders an equal chance to air their opinions, as well as requested budgets to organise forums for them to speak out.
But the proposals were rejected as those in power were concerned these forums might be exploited to provoke resistance to the draft, Mr Somchai said.
- See also: EC confident referendum will be held
However, he added that the EC will try to find ways to ensure both critics and supporters of the draft have an equal chance to discuss the draft charter, although they must avoid telling lies and provoking unrest.
Mr Somchai said that in principle a referendum must be held transparently, with a guarantee that the opposing sides get fair and equal treatment and have an equal chance to communicate their opinions.
He said earlier that although it would be good for the public to help monitor the referendum, there is no EC regulation that supports the public sector scrutinising the event.
Siripan Noksuan Swasdee, a Chulalongkorn University political science lecturer, said the public should be allowed to freely debate the pros and cons of the draft in order to have a better understanding.
But as it happens, there is only "frightening silence", she said.
Ms Siripan noted that if the draft charter passes the August referendum, the military regime's orders will remain in force for certain periods of time as stipulated by the draft's provisional clauses.
Prinya Thaewanarumitkul, Thammasat University vice-rector and law lecturer, said the public must be entitled to know what will happen if the draft charter passes or is shot down in the referendum. The referendum must not be exploited only to legitimise it, he said.
He also said the second paragraph of Section 61 of the Referendum Act contains some ambiguous terms such as "provocative" and restricts the people's right to freedom of expression.
Mr Somchai posted a video clip on his Facebook page Thursday about persuading people not to vote for the draft charter in the referendum, saying those behind the clip could be charged with defamation under the Criminal Code or violations of the Computer Crime and Internal Security acts despite the clip being created before the Referendum Act took effect on April 23 this year.
Mr Somchai's move came after the clip was shared on the Facebook page of draft opponents on April 13. The clip was criticised for its song using rude words.
He also warned people who shared the clip after the enforcement of the Referendum Act that they could face criminal charges and revocation of their political rights.
According to Mr Somchai, the five people in the clip look like Arnon Nampa, a lawyer; Sirawith "Ja New" Seritiwat, the leader of the New Democracy Movement; Nattapat Akkahad; coup critic Sombat Boon-ngamanong; and Parit Chiwarak, a student.
