Thai politics: 'Public mistrust stems from secret drafting of bills'

[webfact]

'Public mistrust stems from secret drafting of bills'
ASINA PORNWASIN
THE NATION

BANGKOK: -- THE DRAFTING of the digital economy bills has caused public mistrust because it has not been an open process, a forum has heard.

The government should have solid measures in place to hold public hearings and invite representatives from all the stakeholders to participate in the amendment process involving the Council of State and the National Legislative Assembly, it was argued.

The harsh critique came last Thursday at the National Broadcasting Telecommunications Commission-hosted public forum entitled "Frequency Resources and the Direction of Communications under the Digital Economy Bills".

Somkiat Tangkitvanich, president of the Thailand Development Research Institute, said the big problem of the controversial bills was the government's lack of "openness" and the resulting lack of public trust.

"To build the digital economy, firstly the government must 'think' like the digital economy and be an open government first," Somkiat said.

He said the bills had three problems. The first was the thought process behind them, that it was a governmental mechanism rather than a market mechanism. "The bills tend to build a large ministry with a lot of national agencies and offer higher salaries. Meanwhile, the bills do not mention free and fair competition for the private sector," he said.

The second was that the bills favour discretion over transparency in terms of law enforcement. "The bills open room for the authorities to choose 'selection' as the method for doing frequency allocation rather than mentioning 'auction' as the main method," he said.

"The 'selection' method might be by a beauty contest or by a selection process, which means the frequency allocation would be done based on the discretion of the authorities rather than considering the benefits to the country. The 'auction' method is the best for frequency allocation when compared to the beauty contest or selection methods."

The third problem was the bills tend to control people and media instead of encouraging digital literacy.

"The three controversial bills include the Cyber Security Bill, the Computer Crime Bill and the Personal Data Protection Bill," he said. "The government should show that these bills will focus on cyber security rather than tending to abuse people's rights.

"People are ... worried that the government wants to be Big Brother. If the bills are not revised, it is possible that the bills will not become laws at all. There are so many points of issue, and the way the bills do not promote open governance creates mistrust."

The government should build public trust before the bills become law.

First, he said, it should instruct the Council of State to open the consideration process of the bills to other organisations, especially ones that disagree with the bills. Secondly, once the bills reach the NLA, it should have guidelines on accepting parallel drafts of the bills from civil society so they are part of the consideration process. And NLA should invite representatives from all stakeholders to have a seat as commissioners when reviewing them.

The Electronics Transactions Development Agency is the public organisation responsible for drafting the bills. Its director Surangkana Wayuparb said the country needs the bills, especially the Cyber Security Bill, the Computer Crime Bill, the Personal Data Protection Bill and Electronics Transaction Bill because they promote and better protect online transactions, whether business or personal.

She public concern only related to the word "security" and insisted the security element in the bills related to cyber security, including confidentiality, integrity and availability.

Only cyber security deemed to be a national threat because it involved cyber warfare and terrorism would be handled by the military.

"There are so many steps in the bills’ consideration process that we can adjust the bills and we will have public forums along the way as well."

Source: http://www.nationmultimedia.com/politics/Public-mistrust-stems-from-secret-drafting-of-bill-30253159.html


-- The Nation 2015-02-02

[Bluespunk]

"THE DRAFTING of the digital economy bills has caused public mistrust because it has not been an open process, a forum has heard."

Nope.

The mistrust comes from experience of governments and their attitudes to privacy.

[Somtamnication]

One of the most succinct articles ever!

[NongKhaiKid]

"THE DRAFTING of the digital economy bills has caused public mistrust because it has not been an open process, a forum has heard."

Nope.

The mistrust comes from experience of governments and their attitudes to privacy.

Following the coup wasn't openness and transparency and of course the return of happiness the first assurances / promises made ?

[yellowboat]

Sadly, this is a problem in most places in the world. The coup has just made Thailand that much more susceptible to these sorts of governmetn trespasses.

[jcisco]

Passing these bills will effectively destroy Thailands viability for a great many businesses and individuals, not forgetting the Thai people too. If they the Junta and their supporters have not learned very well what happens when government departments are politicised and undermined with the big one of lack of oversight from an independent body.

They write these bills and make so many proposals without thinking what if it was them on the other side of the laws. Would they want to lose control and be the target of this ministry and there be no oversight from the courts or an independent body. Clearly the lessons from over the last 10 years, didn't teach them to strengthen the governments checks and balances and increase transparency.

Yes all I am seeing is continual intent to do the opposite, which may very well suit them now, but later when the tables turn, they wont be happy.

[Pib]

Openness does not appear to a strong (or desired) point of this govt. And any proposed new laws are pretty much a slam dunk with a rubber stamp legislature.

Edited February 2, 2015 by Pib

[island hopper]

you are in the army now get over it.

[2fishin2]

Passing these bills will effectively destroy Thailands viability for a great many businesses and individuals, not forgetting the Thai people too. If they the Junta and their supporters have not learned very well what happens when government departments are politicised and undermined with the big one of lack of oversight from an independent body.

They write these bills and make so many proposals without thinking what if it was them on the other side of the laws. Would they want to lose control and be the target of this ministry and there be no oversight from the courts or an independent body. Clearly the lessons from over the last 10 years, didn't teach them to strengthen the governments checks and balances and increase transparency.

Yes all I am seeing is continual intent to do the opposite, which may very well suit them now, but later when the tables turn, they wont be happy.

Remember they can do whatever they want and it be legal. You do not question them....they can question you only. Looks like people are finally waking up to this fact and grumbling. I like it.

[wabothai]

Great opportunity to write letters again. Unless the government is going to open those too.

[jaltsc]

"THE DRAFTING of the digital economy bills has caused public mistrust because it has not been an open process, a forum has heard."

The public mistrust comes from projection. Every Thai thinks that the rest of the population are just like them.

Edited February 2, 2015 by jaltsc

[outsider]

Public mistrust stems from secret drafting of bills to rampant corruption and seemingly no end to all of it. Just saying...

[bobmac10]

Passing these bills will effectively destroy Thailands viability for a great many businesses and individuals, not forgetting the Thai people too. If they the Junta and their supporters have not learned very well what happens when government departments are politicised and undermined with the big one of lack of oversight from an independent body.

They write these bills and make so many proposals without thinking what if it was them on the other side of the laws. Would they want to lose control and be the target of this ministry and there be no oversight from the courts or an independent body. Clearly the lessons from over the last 10 years, didn't teach them to strengthen the governments checks and balances and increase transparency.

Yes all I am seeing is continual intent to do the opposite, which may very well suit them now, but later when the tables turn, they wont be happy.

Remember they can do whatever they want and it be legal. You do not question them....they can question you only. Looks like people are finally waking up to this fact and grumbling. I like it.

I notice an article in today's news regarding the four surviving original copies of the Magna Carta which are on display in London as Britain begins 800th anniversary celebrations of the globally significant contract.

Considered the cornerstone of modern democracy, liberty, justice and the rule of law, the 1215 English charter forms the basis for legal systems around the world, such as the Universal Declaration of Human Rights and the US Constitution.

i was thinking perhaps we could loan the Junta a copy for some after hours study?

Some excerpts:

"No free man shall be taken or imprisoned or disseized or outlawed or exiled or in any way ruined, nor will we go and send against him except by the lawful judgement of his peers by the law of the land," the document states in Latin.

"To no one will we sell, to no one will we deny or delay right or justice."

Brilliant! and only 800 years ago!

[2fishin2]

Good reading however, its not "Thai enough" therefore does not compute...

[billd766]

Openness does not appear to a strong (or desired) point of this govt. And any proposed new laws are pretty much a slam dunk with a rubber stamp legislature.

It certainly wasn't under the PTP.

[WitawatWatawit]

Well said Mr Somkiat. I hope every embassy which dispatches daily media reports to their home countries makes sure this is given priority reading by their technocrats and ministers.

[jcisco]

"THE DRAFTING of the digital economy bills has caused public mistrust because it has not been an open process, a forum has heard."

The public mistrust comes from projection. Every Thai thinks that the rest of the population are just like them.

Unfortunately you are right, it is difficult to grow up as a society when there are just no examples of progressiveness with regards to honesty and good judgement. Seriously lacking leadership

[selftaopath]

Great opportunity to write letters again. Unless the government is going to open those too.

Not in our Isaan village. The postal guy and his wife are too busy with their restaurant. Most mail is not delivered. Govt. oversight/responsibility/ doing the job? NA.

[ikke]

Openness does not appear to a strong (or desired) point of this govt. And any proposed new laws are pretty much a slam dunk with a rubber stamp legislature.

It certainly wasn't under the PTP.

What has PTP to do with this...... the constitution was as always re-written by the army and the generals who stated the coups

This Junta is a puppet of Prem, and there is no openness what so ever, nothing but really nothing to do with "under the PTP"

[rickirs]

" If the bills are not revised, it is possible that the bills will not become laws at all."

Yes, in a normal democratic system where ministers could be pressured by the will of their constituents not to allow such draconian violations of human rights if they want re-election. But we're talking about the Junta-created NLA of which 52% consists of active military officers; that majority alone is sufficient to pass bills. The NLA has NEVER denied a NCPO sponsored bill. The NLA hasn't even managed more than a 3-vote against any NCPO bills. If the NLA did reject a NCPO bill did by some twilight zone event, the NCPO has legislative power under Article 44 of the Interim Charter to make the bill become law without the NLA. The NCPO is not accountable to the Thai electorate.

So it is not only possible that this bill can be passed without revision, it is certain should the NCPO desire so.

[surangw]

public mis trust is from years of abuse of the system, no just this one issue.

[gk10002000]

Secret bills, unpublished "laws", military coups at any time that toss out laws and constitutions. none of these things endear one's trust