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Channel 3 sues three NBTC commissioners

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Channel 3 sues three NBTC commissioners

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BANGKOK: -- Channel 3 today sued three members of the 5-member National Broadcasting and Telecommunications Commission (NBTC) with malfeasances, libel, and breaching of the Computer Crime Act.

Bangkok Entertainment, operator of Channel 3, revealed its lawsuits on its Twitter account saying it has now assigned P&P Law firm to take legal action against three commissioners in the administrative court.

It named the three commissioners as Ms Apinya Klangnarong, Mr Thawatchai Jitpasanand, and
Lt-Gen Peerapong Manakit.

It accused Ms Apinya of malfeasance in office, defamation, and violation of the computer crime act, while two others were accused only of malfeasance in office.

It reasoned that the legal action was filed just to protect its legitimate right, and was not stemmed from a rift between Channel 3 and the NBTC.

The team of lawyers led by Mr Surachet Thong-uchang late today handed over the notice of its legal action to the NBTC deputy secretary general Sombat Leelapta who later reported the case to the NBTC board meeting today.

The lawyer insisted the court case was not stemmed from conflict between Channel 3 and the NBTC, but to protect Channel 3′s right.

A NBTC commissioner named among the three defendants Lt-Gen Peerapong said the court case was normal and would not shake the morale of the commissioners as all have performed their duties under the framework of laws.

He recalled the meeting on September 5 of the NBTC board was to discuss Channel 3 issue and so far it has reached no conclusion yet on what administrative action would be taken against Channel 3.

Besides Channel 3 also has not proposed anything yet to the board, he said.

At the September 5 meeting, the three commissioners told a press conference disclosing their resolution to take administration action against satellite and cable networks if they broadcast Channel 3′s nalogue broadcast.

They said this action was to prevent it from being accused of negligence of office.

They also came up with proposals for Channel 3 to carry its analogue broadcast on the digital channel which it had bid and won, and that Channel applies for licence to broadcast its programmings on satellite and cable networks.

Source: http://englishnews.thaipbs.or.th/channel-3-sues-three-nbtc-commissioners/

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-- Thai PBS 2014-09-08

Firstly being a legal matter releasing details on Twitter seems rather immature , how- ever time for the government of Thailand to reform the law process where by the institution is taken to court not an individual, that way charges can only be levelled at the government, not their agents, there are far too many thin skinned rich people in Thailand that sue just for the sake of attention or intimidation, the relevant Ministers should be the only people, unless department heads are vetted to make any comments, to the Press , this then alleviates non elected people getting 5 mins of fame through a press stop. coffee1.gif

In some jurisdictions it could be a contempt of court but here just about anything goes which makes the legal system a joke.

Now the commissioners will probably counter-sue.

All Johnny Cash - ' A boy named Sue ' and yes cash comes into somewhere down the line.

Here we go again with the games only played by those who have mistaken puberty as adulthood.

Sorayuth excercising his authority...maybe ?

No lawsuit has actually taken place. However, filing with the Administrative Court seems inappropriate since the allegation would include malfeasance in public office and violation of the Computer Crime Act - both are criminal acts. Therefore, I'd think any lawsuit other than defamation would be referred to the Criminal Court that falls under the jurisdiction of the Attorney General Office as prosecutor.

If this is the correct judicial route, Channel 3 can expect several years including any appeals for a "final" judgement. And in that time it has no broadcast license and unable to operate. If final judgement is not in Channel 3's favor to recoup lost compensation, it may go bankrupt. So most of the anticipated lawsuit appears to be more of an act of intimidation. Ultimately, it will be for the NCPO to decide the government's position if public conflict is to be avoided. NCPO has already indicated a desire to see the matter resolved for the public good which might not be consistent with the rule of law.

Will this mean no more Live Newspaper Reading in the mornings and screaming soapies at night ?

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