Thai opinion: New constitution vs freedom of expression

[webfact]

REGIONAL PERSPECTIVE
New constitution vs freedom of expression
Kavi Chongkittavorn

BANGKOK: -- The members of the National Reform Committee (NRC)'s media and information and communications reform committee, have begun deliberating the new constitution and its relationship to free expression for the Thai people and freedom in the mass media.

So far, they have come up with 10 recommendations, focusing on the protection and promotion of these freedoms that would involve structural changes, systems and procedures.

Some of these recommendations were taken from the previous charters of 1997 and 2006, others are new elements derived from the past political contests and polarisation.

After the 2006 seizure of power, the focus of Thai media reform was concentrated on the freedom, independence and pluralistic nature of the media.

The 2007 charter was succinct in promoting and protecting these fundamental rights as stated in articles 46, 47, and 48. There were specific improvements from the previously popular 1997 charter.

For instance, media workers in the state-run media organisation were able to speak their minds without fear of prosecution. Furthermore, no government funds could be used to finance private mass media and politicians were not allowed to own or hold stocks of any mass media outlet.

For the new constitution, issues related to promotion of media and information literacy, preventing media monopoly, public control and prevention of hate speech are on the agenda of the NRC.

Nowadays, the proliferation of social media and increased online accessibility has enabled the Thai public to follow information around the clock, both as receivers and contributors. However, the enormous amount of information generated day-to-day is still of low quality in terms of content and worse, there is not sufficient fact-checking.

The NRC committee is highly aware of the rapidly changing media landscape in Thailand, with the younger generation as main recipients of the new information society. The convergence of various media platforms into one - television, radio, Internet, newspapers, digital archives and libraries - requires better education for the public to analyse and make good use of information available. In this connection, there is an urgent need to strengthen media professional organisations to oversee a code of ethics and professionalism.

For the first time, the new constitution will also attempt to address ways and means in which the public stakeholders can perform the role of media watchdog to maintain media decency. It is a tall order. As information consumers, the government should encourage them to form independent groups to monitor media performance. To do that, the Thai public requires a higher level of media and information literacy.

Discussions with some NRC members on media reform efforts showed deep suspicions of the government's ability to instill good information and literacy programmes. Further engagements with independent and non-government organisations are imperative.

Nonetheless, throughout modern Thai history, the state-owned mass media organisations have often been used as propaganda tools for the power wielders without due consideration of public and national interest. Even in a public media domain with non-partisan orientation, the government of the day cannot resist interfering when critical views are on display.

Several NRC members are also worried about the ability of Thais to make good use of information and communications technology. Judging from the past five years, the information and views being created and transmitted have been polarised, causing confusion and deepening political divisions. Worst of all, it has inflicted emotional harm on the people's psyche, further deepening distrust and antagonism. Therefore, it is incumbent on the NRC members to come up with a good approach that will empower the public and increase their information fluency and competency to prevent them from being manipulated.

Looking back, the amount of hate speech and information manufactured through all media platforms by myriads of political and social creeds has been scary and pervasive. Some led to hate crimes, not to mention senseless confrontations and violence over the years. An ongoing national reconciliation process would not make much progress if programmes and information campaigns these days were still ridden with discriminatory and self-centred messages.

At the moment, there are two schools of thought on this issue among the NRC members. The first approach is to enact hate-speech laws, seeking severe punishment for those who commit hate speech. The second approach is to amend existing laws including strengthening self-regulatory bodies. These supporters still see merit in constructive and vigorous criticism.

Finally, the issue of impunity for those committing violence against journalists must be addressed by the new charter's drafters. The NRC has yet to take up this important topic. Within the international media community, there is an ongoing campaign to combat impunity for perpetrators of crimes against journalists. For the past decade, all over the world nearly 1,000 journalists have been killed and governments have failed to take action against those attackers. During political crisis in Thailand, foreign and local journalists have been killed and injured.

As a member of the United Nations, Thailand is now obliged to implement a UN resolution (A/RES/68/163) passed in 2013 which requires the government to prevent violence against journalists/media workers and provide them with a safe and enabling environment in which to work independently and without undue interference. We have to make sure that in the future, crimes against journalists must be prosecuted and there is no climate of impunity for their attackers.

Source: http://www.nationmultimedia.com/opinion/New-constitution-vs-freedom-of-expression-30249825.html


-- The Nation 2014-12-15

[Thai at Heart]

Have begun?

You mean they hadn't thought about this already?

[NongKhaiKid]

The Thai media will always be free, free that is to print what is acceptable to the government, or junta, of the day, the politicians, the elite, hi-so etc. and free not to indulge in anything resembling investigative journalism.

[Christie Paul]

Social media, alternative news sites and the mass interaction between people, is the bane of governments the world over.

The US and UK governments have had several false flags blow up in their faces and the credibility of the legacy media monopoly barely reaches joke status amongst intelligent folk, in most western countries.

The threat of political awareness has become so acute that it prompted that ageing war mongering chess player, Zbigniew Brzezinski to exclaim "that once upon a time it was easier to control a million people, than to kill a million people. Now it is easier to kill a million people, than to control them".

Governments are working furiously to catch up and somehow reverse the spread of political awareness. So far they have failed. In the meantime the business of governance, particularly when it protects the status quo and the continuation of policy that is not in the interests of the vast majority of people, is going to get increasingly messy.

[ramrod711]

At the moment, there are two schools of thought on this issue among the NRC members. The first approach is to enact hate-speech laws, seeking severe punishment for those who commit hate speech.

Not a bad idea, providing that there is a definition of hate speech and a burden of proof. While they are at it, perhaps they could do the same thing for the defamation laws.

[chainarong]

It is quite easy to write a simple brief in the constitution for freedom, let me help, all persons in the "kingdom of Thailand" have rights to free speech and all media may write with freedom and responsibility. However as with any democracy, Vindictive , racism , bullying , hate , threatening forms of expression are not exceptable and those should be regarded as a offence against Democracy.

[Caveat Emptor]

At the moment, there are two schools of thought on this issue among the NRC members. The first approach is to enact hate-speech laws, seeking severe punishment for those who commit hate speech.

Not a bad idea, providing that there is a definition of hate speech and a burden of proof. While they are at it, perhaps they could do the same thing for the defamation laws.

Good point about definition and burden of proof because so much gets manipulated here.

In essence the Lese Majeste laws are understandable if not acceptable to all but in recent years became a very potent political weapon.

[MrJohnson]

Thank goodness for social media. It might have its drawbacks but if it didn't exist then the propaganda and myth-making enacted by the boys in control, we know who they are, would be the only story around. It cannot be controlled. The Chinese government is trying hard and still not succeeding. As for general freedom if speech there is still a law here in Thailand that must be abolished. I think most of us know which one that is.

[lildragon]

As long as those particular set of archaic laws exist in Thailand then there will never truly be freedom of thought. We will all be dead in the ground before they are abolished though.

[hanuman2543]

How freedom of speech and expression can be possible when this country has the most ridiculous Libel and Slander Laws in the whole world? I don't believe that they will be overhauled because the people in power need this "wonderful" tool more than ever before.

Edited December 15, 2014 by hanuman2543

[Emster23]

What a waste of electronic blather ink. Don't recall who said it, something like "No government ever shut down a newspaper that supported it". Here's a suggestion: copy freedom of speech and freedom of press sections from US Constitution. Time tested and all that.

[Caveat Emptor]

How freedom of speech and expression can be possible when this country has the most ridiculous Libel and Slander Laws in the whole world? I don't believe that they will be overhauled because the people in power need this "wonderful" tool more than ever before.

Isn't this what it's all about ? Rdiculous laws do have their uses but only for a select body of society so every excuse possible will be trotted out to retain LM and Defamation.

Edited December 15, 2014 by Caveat Emptor

[whybother]

How freedom of speech and expression can be possible when this country has the most ridiculous Libel and Slander Laws in the whole world? I don't believe that they will be overhauled because the people in power need this "wonderful" tool more than ever before.

Isn't this what it's all about ? Rdiculous laws do have their uses but only for a select body of society so every excuse possible will be trotted out to retain LM and Defamation.

"a select body of society" ... including an ex-PM who used defamation laws quite often.

[lildragon]

How freedom of speech and expression can be possible when this country has the most ridiculous Libel and Slander Laws in the whole world? I don't believe that they will be overhauled because the people in power need this "wonderful" tool more than ever before.

Isn't this what it's all about ? Rdiculous laws do have their uses but only for a select body of society so every excuse possible will be trotted out to retain LM and Defamation.

"a select body of society" ... including an ex-PM who used defamation laws quite often.

Thaksin was also quick to use LM too. That the point ALL of the elites on both sides use and exploit a ridiculous laws for their own gains.

[Caveat Emptor]

How freedom of speech and expression can be possible when this country has the most ridiculous Libel and Slander Laws in the whole world? I don't believe that they will be overhauled because the people in power need this "wonderful" tool more than ever before.

Isn't this what it's all about ? Rdiculous laws do have their uses but only for a select body of society so every excuse possible will be trotted out to retain LM and Defamation.

"a select body of society" ... including an ex-PM who used defamation laws quite often.

Thaksin was also quick to use LM too. That the point ALL of the elites on both sides use and exploit a ridiculous laws for their own gains.

Yes and whoever is running the country at any given time also has a less than independent judiciary on side too.

[h90]

It is quite easy to write a simple brief in the constitution for freedom, let me help, all persons in the "kingdom of Thailand" have rights to free speech and all media may write with freedom and responsibility. However as with any democracy, Vindictive , racism , bullying , hate , threatening forms of expression are not exceptable and those should be regarded as a offence against Democracy.

And that can be perfectly used to suppress every critic of the government, by bending the law a bit.

[Laughing Gravy]

You can't have selective democracy. It is democracy or something else. The same with freedom of speech. That can't be selective like it is. These draconian laws are very difficult to police with the internet and social media being the format for many to express their feelings. Even China has problems controlling it and their infrastructure for the internet is much better than here.

My personal view is give people the freedom to say what ever. If it has any value people will listen if it hasn't then people will move on. Supress information or freedoms and people will seek out these. I know I am dreaming here as this will never happen especially with the childish antics, laws and behaviour we see here in Thailand. If those on this council or those in charge really cared for the people there would no need for this discussion.

As already mentioned it serves the élites agenda. Sad indeed.

Edited December 15, 2014 by Laughing Gravy

[MaxLee]

New constitution vs freedom of expression

I'd rather say:

washed up brainwashing against Freedom of expression

[WinnieTheKhwai]

This is quite laughable.

We all know freedom of expression does not exist in Thailand, as long as some feudal laws are still on the books, which can be exploited by anyone in a position of power to silence opponents and have them locked away for decades.

[Traveler19491]

Here's a suggestion: "Congress (or in this case, Parliament) shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; OR ABRIDGING THE FREEDOM OF SPEECH, OR OF THE PRESS; or the right of the people peaceably to assemble; and to petition the Government for a redress of grievances." (emphasis added). It's worked pretty good in the US for the last couple of hundred years, and then some. The moment you start trying to guarantee the "quality" of speech, or of the press, then you're right back at the beginning...whose definitions do you use? When it comes to speech, regardless of the source, it should be completely free and unfettered. It's an absolute guarantee that you are not going to like some of it. But then much of what you do like is going to be despised by someone else. One person's garbage is another person's treasure.

The problem with trying to pass hate speech legislation is...who gets to determine what constitutes "hate"? Just more fodder for those who wish to exercise control.

[rickirs]

There is no issue of "new constitution vs freedom of expression" so long as the Junta maintains absolute power over the nation. The NRC/CDC can write whatever they want and the NCPO can allow whatever it wants. But at the end of any day, both the constitution and freedom of speech are mere works of literary art. The NCPO imposes unwritten rules and directives from day-to-day with no due process, review, approval or accountability to the Thai people. Witness Gen. Prayuth's personal intrusion into Thai information media:

- Twelve Values should be in the Social Media and schools

- Mainstream media should foster unity
- Television broadcast shows should foster unity.

- Media should refrain from providing commentaries about court inquires

- Media should "be respectful" to the military.

- Media should take care not to accuse the Royal Thai Army of being politically biased

- Television soap operas should encourage reconciliation, tourism and Thai culture

- Close social media accounts that may cause conflict or endanger national security

Until a constitution is under the absolute control of the People and not any independent organization, the Thai People's rights and liberties such as freedom of expression become mere propoganda tools of the State.