Thai Charter drafters delete hate-speech restriction

[webfact]

CONSTITUTION WATCH
Charter drafters delete hate-speech restriction
The Nation

BANGKOK: -- The Constitution Drafting Committee yesterday decided to remove a hate-speech restriction from Provision 20 of the charter draft following a media backlash, CDC spokesman Kamnoon Sidhisamarn said yesterday.

Kamnoon said the phrases "or to prevent hatred among people in the country and people of different religions or to use violence against each other'' would be cut from chapter two, entitled "the People".

The phrases might also be removed from other provisions that carried hate-speech content, he said.

He said the CDC reviewed the hate-speech restriction following calls from the media that it might result in its freedom of expression being impinged upon.

Kamnoon dismissed concerns by some charter drafters that removing the restriction would allow a legal loophole for foreign media or foreigners to publicise hate speech, which may lead to a security threat.

He said freedom of expression must be in line with Provision 14 on human rights that stipulated freedom of expression must be restricted for the sake of national security, to preserve and protect rights, liberty, honour and the reputation of people, and to keep peace and order.

The CDC is deciding how to deal with people who disseminate hate speech from abroad, he said.

In another development yesterday, the CDC decided that the National Anti-Corruption Commission must rewrite its amendment to the anti-graft bill so that it complied with the new charter and the United Nations Convention against Corruption, a source said.

The amendment, a provision designed to increase the graft agency's power and investigative efficiency, states that the Supreme Court's Criminal Division for Political Office Holders has the right to check asset declarations made by the PM, MPs and senators.

But under the new charter draft proposed that the Court of Appeals and the Regional Court of Appeals have that responsibility.

The National Legislative Assembly, the National Reform Committee and the CDC agreed to suspend the rewrite until after the new charter is completed so the anti-graft law conforms with the top law.

The rewriting of the anti-graft law so it complies with the UNCAC can proceed.

The NACC was also asked to review its amendment to the ban on political office holders and local administrative officials for life if they were found guilty of filing a false asset declaration, as it could be too harsh given the current five-year penalty.

Source: http://www.nationmultimedia.com/politics/Charter-drafters-delete-hate-speech-restriction-30252518.html


-- The Nation 2015-01-23

[Tatsujin]

Good to hear they might actually be listening to "people" and incorporating that into their rewrite of Constitution #45 (temporary).

[chainarong]

You can not preach hate , any country that encourages this sort of intolerance is not worthy of SFA or even being a member of ASEAN , at the media request you have removed the basic fundamentals of the hate speech , where would the freedom of free speech be compromised, can't the media report without hate racist remarks , one can only concur that the Thai Charter Drafters are a lot of Spiffs and under your guidance I can say that without prosecution.

[h90]

You can not preach hate , any country that encourages this sort of intolerance is not worthy of SFA or even being a member of ASEAN , at the media request you have removed the basic fundamentals of the hate speech , where would the freedom of free speech be compromised, can't the media report without hate racist remarks , one can only concur that the Thai Charter Drafters are a lot of Spiffs and under your guidance I can say that without prosecution.

First you call it hate speech, later you label every critic on the government or important people as hate speech.

A lot other things are already covered by other laws.

[keeniau96]

Free speech is just that: free to speak what you feel. Any less than that is restriction and censorship, no matter how well meant. Political Correct (PC) is an abomination in a free society.

[FangFerang]

Hate speech is too broad a term, and one that is susceptible to abuse. As written, the previous amendment could construe hate speech as anything that makes any side angry.

Speech that recommends or condones or concedes violence as a viable expression of free rights is another matter.

No one in their right mind, I think, supports speech that invokes or recommends violence.

Likewise, speech that recommends or condones or concedes bigotry as a viable expression of free rights is also another matter. If someone says "people are susceptible to being misled if they are uninformed" they my respect, even if the instance being referred to is one with which I disagree. If someone says "they are buffaloes" I neither respect anything they said before or after such bigotry.

No one in their right mind, I hope, supports speech that invokes or recommends bigotry.

Edited January 23, 2015 by FangFerang

[Toknarok]

Now what about the Defamation, Computer Crimes, LM and the like?

[rickirs]

It won't matter how "perfect" this constitution is made, nor who wrote and approved it. It's only good until the next military coup abolishes it.

Eight years ago:

"Thailand unveils possible drafters of constitution" (Posted 2006-12-19)

- "...a new assembly [the National People's Assembly] made up of 1,982 Thais handpicked by the ruling junta and tasked with selecting people to draft the kingdom's post-coup constitution.... "

- "The 1,982 members come from the public, private, civil and academic sectors, and were selected by a committee headed by Air Force Chief Chalit Pukbhasuk, one of the coup leaders... "

- "The National People's Assembly will ... nominate 200 of its own members to write a permanent constitution."

- "The junta will whittle the 200 down to 35, who will have until the end of 2007 to write a new basic charter."

- "putsch leader General Sonthi Boonyaratglin ... insisted that the new constitution would be drafted transparently and fairly. "We don't have any intention of staying on longer"

- "The military has justified its takeover by claiming that systemic corruption under Thaksin had undermined Thailand's democracy.They want a new constitution to improve the system of checks and balances and to strengthen anti-corruption watchdogs."

- "Members of the National People's Assembly, you must do your jobs with honesty and fairness to get the constitution drafters," said [unmentionable], who presided over the assembly's opening.... I am asking all of you to realise your great duty with determination, careful consideration and judgement," [unmentionable] told assembly members."

While the Thai military frequently shoots itself in the political foot, it will never shoot itself in the head.

Edited January 23, 2015 by rickirs

[Ozziepat]

Good.

[h90]

Free speech is just that: free to speak what you feel. Any less than that is restriction and censorship, no matter how well meant. Political Correct (PC) is an abomination in a free society.

PC is a tool to suppress other opinions. Not different than what the Nazis and Communists did, just a bit more tricky....

[chotthee]

Now what about the Defamation, Computer Crimes, LM and the like?

Please do not discuss LM here, unless you are talking about those LM on 7-Eleven shelves.

[Thai at Heart]

Of course this would limit the speech from all sides and that would curtail the rather useful yellows as much as those pesky reds.

Darn laws having to be framed to both sides.

[pizzachang]

If "hate speech" is subject to abuse in interpretation, then why wouldn't "dog murder" be subject to the same kind of abuse?

[greenchair]

Thank goodness for that. I would be in jail every week if that went through

[fasteddie]

Who cares? Constitutions in Thailand aren't worth the paper they're written on. In fact, constitutions anywhere aren't, the elites will always rewrite them!

[fasteddie]

Free speech is just that: free to speak what you feel. Any less than that is restriction and censorship, no matter how well meant. Political Correct (PC) is an abomination in a free society.

PC is a tool to suppress other opinions. Not different than what the Nazis and Communists did, just a bit more tricky....

"Not different than what the Nazis and Communists did"

Or the Zionists, or the Capitalists.

[Jingthing]

Free speech is just that: free to speak what you feel. Any less than that is restriction and censorship, no matter how well meant. Political Correct (PC) is an abomination in a free society.

PC is a tool to suppress other opinions. Not different than what the Nazis and Communists did, just a bit more tricky....

"Not different than what the Nazis and Communists did"

Or the Zionists, or the Capitalists.

Or the Rastafarians. Or the mimes. Or the Scientologists.

[fasteddie]

Free speech is just that: free to speak what you feel. Any less than that is restriction and censorship, no matter how well meant. Political Correct (PC) is an abomination in a free society.

PC is a tool to suppress other opinions. Not different than what the Nazis and Communists did, just a bit more tricky....

"Not different than what the Nazis and Communists did"

Or the Zionists, or the Capitalists.

Or the Rastafarians. Or the mimes. Or the Scientologists.

Et Al!

[manarak]

Who cares? Constitutions in Thailand aren't worth the paper they're written on. In fact, constitutions anywhere aren't, the elites will always rewrite them!

yuck.