Anmb Report 2010 Eng

8/7/2019 Anmb Report 2010 Eng

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Friedrich-Ebert-Stiftung (FES)Hiroshima Street 28Berlin 10785Germany

Friedrich Ebert StiftungThailand Of ceThanapoom Tower, 23 rd Floor 1550 New Petchburi RoadMakkasan, RatchathewiBangkok 10400Thailand

ISBN No. 978-616-90646-1-9

A locally based analysis of themedia landscape in Asia

THAILAND 2010

ASIANMEDIABAROMETER

AS I AN MEDI A BAROMETER - THAI L AND 2 0 1 0


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Published by:Friedrich-Ebert-Stiftung ThailandThanapoom Tower, 23rd Floor 1550 New Petchburi RoadMakkasan, RatchathewiBangkok 10400 Thailand

Contact person:Rolf Paasch Marc Saxer Media Coordinator Resident Director Friedrich-Ebert-Stiftung (FES) Friedrich-Ebert-Stiftung ThailandBerlin, Germany Bangkok, [email protected] [email protected]

ISBN No.978-616-90646-1-9


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1ASIAN MEDIA BAROMETER THAILAND 2010

CONTENT

SECTOR 1: 11Freedom of expression, includingfreedom of the media, are effectivelyprotected and promoted.

SECTOR 2: 29The media landscape, including newmedia, is characterised by diversity,independence and sustainability.

SECTOR 3: 41Broadcasting regulation is transparentand independent; the State broadcaster is transformed into a truly publicbroadcaster.

SECTOR 4: 55The media practise high levels of professional standards.


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2 ASIAN MEDIA BAROMETER THAILAND 2010

Introduction to the Asian MediaBarometer in Thailand

Te Asian Media Barometer is a work in progress. Held or the rst time inPakistan and India in September B.E. 2552 (2009) it is designed to be an in-depth and comprehensive description and measurement system or nationalmedia environments in Asia. Unlike many other press surveys or media indices theAMB is a sel -assessment exercise based on criteria rom international protocolsand declarations. It takes up the idea o a peer review mechanism o ten only talked about by politicians - and applies it to the media at national level. At thesame time the Asian Media Barometer serves as a practical lobbying tool or media

organisations. Its results are presented to the public o the respective country topush or an improvement o the media situation using international standards asbenchmarks. Tey are then integrated into the advocacy work by the FES-o cesand their local partners.

Design and method o the Asian Media Barometer have been based on theAfrican Media Barometer , ounded in B.E. 2548 (2005) and based on homegrowncriteria derived rom A rican Protocols and Declarations like the Declaration onPrinciples on Freedom o Expression in A rica B.E. 2545 (2002). Tis declaration

was largely inspired by the groundbreaking Windhoek Declaration on Promotingan Independent and Pluralistic A rican Press B.E. 2534 (1991) and the A ricanCharter on Broadcasting B.E. 2544 (2001).

Yet, in Asia the situation is di erent. Tere have been individual attempts in severalcountries, especially South Asian countries to come up with a charter as well asindicators on reedom o expression and reedom o the media. Un ortunately ithas not been success ully implemented within individual countries let alone ona sub-regional, or a more ambitious regional scale. In act the joint declaration

o B.E. 2549 (2006) by UN Special Rapporteur on Freedom o Opinion andExpression notes that Asia-Paci c region lacks such a mechanism.

Te only Asian document that is trying to suggest non-binding benchmarks onmedia reedom is theBangkok Declaration on Information and Broadcasting of B.E.2546 (2003). Here the Ministers o In ormation and Broadcasting rom variouscountries in the AsiaPaci c region as well as heads o radio and televisionorganizations, policy makers, decision makers, scholars, and representatives o international organizations discussed and signed up to recommendations on

Freedom o In ormation and Broadcasting Legislation.


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Te con erence was organised by the Asia-Paci c Institute or BroadcastingDevelopment (AIBD) and actively supported by the International

elecommunication Union, UNESCO, United Nations and the Friedrich-Ebert-Sti tung (FES).

Its recommendations on reedom o in ormation, reedom o expression and onthe trans ormation o state into public broadcasters concur with the indicators o the Asian Media Barometer.

A ter the three pilotAsian Media Barometers for India, Pakistan and Tailand held inB.E. 2552/2553 (2009/2010)the FES-Media Project based in Kuala Lumpur willbe deploying this instrument or monitoring the media landscapes and advocatingmedia re orms in more Asian countries rom B.E. 2554 (2011) onwards.

Methodology: Every two to three years a panel o experts, consisting o at leastve media practitioners and ve representatives rom civil society, meets to assess

the media situation in their own country. For two days they discuss the nationalmedia environment according to 45 predetermined indicators on which they have to score in an anonymous vote on a scale rom 1 to 5. Te indicators are

ormulated as goals which are derived rom international political protocols anddeclarations: i the country does not meet the indicator the score would be 1 (one);i the country meets all aspects o the indicator it would be a 5 ( ve), which is the

best score possible. Te discussion and scoring is moderated by a FES trainedconsultant who also edits the country report.

Scoring system: A ter the discussion o each indicator, panel members Scorethat respective indicator in an anonymous vote. For example, i a panelist wouldscore 3 or country meets some aspects o indicator, it would look like this:

1 Country does not meet indicator

2 Country meets only a few aspects of indicator

3 Country meets some aspects of indicator

4 Country meets most aspects of indicator

5 Country meets all aspects of the indicator

Te sum o all individual indicator scores will be divided by the number o panel members to determine the average score or each indicator. Tese averageindicator scores are added up to orm average sector scores which then make upthe overall country score.


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Outcome: Te nal, qualitative report summarizes the general content o thediscussion and provides the average score or each indicator plus sector Score sheetand overall country score. In the report panellists are not quoted by name to protectthem rom possible repercussions. Over time the biennial or tri-annual reports aremeasuring the media development in that particular country and should orm thebasis or a political discussion on media re orm.

Rolf Paasch Marc Saxer Media Coordinator Resident Director Friedrich-Ebert-Stiftung (FES) Friedrich-Ebert-Stiftung ThailandBerlin, Germany Bangkok, Thailand


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THE ASIAN MEDIA BAROMETER (ANMB)THAILAND 2010

Executive Summary

Te Constitution o the Kingdom o Tailand, B.E. 2550 (2007) guaranteesreedom o expression in several articles. In practice, however, reedom o expression

is restricted through a number o laws ranging rom the Internal Security ActB.E. 2550 (2007) to the lse majest legislation (Art. 112). In many cases, some o them quoted in the report, these laws are implemented and applied in a way thatcontravenes letter and spirit o the constitution.

Tai citizens and journalists still assert their right to reedom o expression - butwith a certain and palpable degree o ear. A raid o being arrested and chargedwith serious o ences such as treason orlse majest both citizens and journaliststhink twice about criticizing power ul institutions such as the judiciary or themonarchy.

Tis submission to the powers-that-be includes citizens being a raid o power ulmedia institutions or local ma as and in the Deep South, o insurgents and thearmy. It includes civil servants being a raid o politicians and media pro essionals

being a raid o media owners. And it includes a witch hunt in the new socialmedia networks where people expressing their opinion are harassed by the state orthose rom the opposite political camp.

In such a climate o ear, acerbated by the intense political polarization over thelast years, journalists increasingly revert to sel -censorship. Tis growing practiceis driven by political pressure, by business competition and by the behavior o media proprietors. In the Deep South, or instance, the close relationship betweenjournalists and o cers o the security orces leads to a biased coverage. Here andin other cases journalists lack the con dence and courage to not ollow the agenda

o the state because they are a raid o being charged with threatening nationalsecurity or underlse majest .

Te libel and de amation regulation o the Criminal Code, B.E. 2499 (1956) isstill being used by politicians to sue journalists and media organisations, a negativepractice that has survived the all o Prime Minister Taksin Shinawatra in 2006.Te attempts o some media organisations to have the Criminal Code amendedhave so ar been unsuccess ul.

A ter the military coup dtat the National Legislative Assembly, B.E. 2549 (2006)

had seized the opportunity to expedite the passage o laws that generally advancereedom o expression and a Public Broadcasting Service.


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But one o these laws, the Computer Crime Act, B.E. 2550 (2007) was used by State agencies or restricting reedom o expression. Although websites and blogsdo not require o cial registration thousands o websites considered to de ame themonarchy were blocked during the crisis o B.E. 2553 (2010).

As a result the legitimacy and the character o these laws is contested between thepolitical parties and within the media sector.

Te O cial In ormation Act, B.E. 2540 (1997) guarantees the right o allcitizens to have access to public in ormation. But the process o accessing o cialin ormation according to the Act remains cumbersome and time-consuming.As news sources are not protected by law, state authorities and the courts o ten putpressure on the media to reveal their con dential sources o in ormation.

Tere are very ew civil society organisations advocating reedom o expression.And where they exist, they dont work together e ectively. In line with the recentpolitical polarisation, some o these groups dont bother about de ending media

reedom, but rather endorse the governments crackdown on media outletsoperated by their political opponents.

Te Tai media landscape is characterised by a wide range o sources o in ormationrom newspapers, broadcasting stations and the internet.

Tere are 524 mainstream radio broadcasters, some 8.000 community radio

stations, six terrestrial V stations, 30 satellite V operators, 800 cable televisionoperations, 80 newspaper titles o which 25 are national titles, two in English, twoin Chinese and one Malayu.

Tere are 28 Internet Service Provider (ISPs) and eight wireless communicationservice providers. Radio and V is accessible to 95% o the population.

Yet there remains a wide discrepancy between accessibility and a ordability.Tus, only about a 1/3 o the Tai population has access to newspaper and printmedia, 15 % to cable V and 40% to community and local radio with an internet

penetration rate o 20-22%.

Te print media are ocusing more on diversi ying into the new media such assatellite broadcasting, subscription o news service via mobile phone short-messaging and online newspapers than on the question o media accessibility in rural areas. Teir e ort, i they see it as a pro table market, would be onentertainment, sports and local news.

Despite the National Broadband Plan by the Ministry o In ormation andCommunication echnology setting the goal that hal o the population should

have access to broadband service within ve years, the government has notsucceeded in bridging the digital divide between cities and rural areas.


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Te government has no policy to promote the diversity o media, particularly private media. And it shows no qualms about shutting down media outlets thatexpress non-mainstream opinions like community radios that support the United

Front or Democracy Against Dictatorship (UDD).

Te Constitution o B.E. 2550 (2007) and the new laws or the regulation o thebroadcasting sector pro ess the intent o preventing the concentration in the mediabusiness by reorganising the requency allocation. But this goes against the reality o an industry dominated by power ul conglomerates seeking more cross-mediaownership. At the same time a substantial share o the radio and V requenciesand licences is still owned by the state and the army, creating a unique systemo private, state and public broadcasters. With the Ministry o De ence owning

45% o radio and 33% o ree-to-air V-stations and the big media corporationslooking or acquisitions the intended reallocation o requencies to guard againstmedia concentration will be an uphill struggle.

Media content rein orces gender stereotype, bias and patriarchy rather than genderequality. Nor is the content accurately refecting the voices o ethnic minorities,migrant workers, o people rom di erent aith and other disen ranchisedgroups. Tai media organisations have no policy to promote gender sensitivity orequal employment opportunities. Tere is also little e ort to give equal and airrepresentation to ethnic minorities or people with disability. Discrimination exists

in both overt and subtle orms.

Te advertisement market in Tailand, where 60% o ad-spend goes to V, is largeenough to sustain a wide variety o media. However, government still inter ereswith editorial content by using its power over the placement o its advertisements topunish those who dont endorse its actions. Tis inter erence is o ten accomplishedthrough power relationships with senior editors by threatening them with thewithdrawal o advertorials by government agencies or state owned enterprises.

Te three broadcasting laws B.E. 2543/2551/2553 (2000/2008/2010) dealing

with the regulatory aspects o the elecommunications and Broadcasting sectorcould be a new landmark in prescribing a conducing environment or a three tierclassi cation in private, public and community broadcasting services. It was thecitizens new awareness about the importance o a public space and the almostaccidental trans ormation o the private I V-Channel, owned by the oustedPrime Minister Taksin Shinawatra, that had made this set o progressive (public)broadcasting acts possible.

Te Tai Public Broadcasting Service Act, B.E. 2551 (2008) has created anadequate ramework or a Public Broadcaster that, during the time o crisis,

per ormed better than others. I PBS has a bias, it is its perceived catering ormiddle class and adult viewers in urban areas at the expense o the rural poor.


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All that is missing or the establishment o an internationally exemplary PublicBroadcasting Service is the overdue implementation o the legal requirements o these laws, particularly the setting up o the independent regulator. Yet, withoutthe government promoting the spirit o the legislation and pushing or their

implementation the re orm process seems to have stalled.With an estimated 8,000 radio stations community broadcasting has becomea vibrant sector o the Tai media. Yet, community radio enjoys a reedom by de ault. Te regulatory vacuum leaves community stations open to political andcommercial exploitation. Te government ails to nurture the independence andviability o community radios and instead contributes to the politicisation o thesector by allowing state agencies to establish their own community stations in thename o national security.

Te process o sel -regulation in the Tai media is lacking. Pro essional associationsand established media organisations like the PBS , the Bangkok Post and theNation have their own codes o ethics. Nonetheless, the practice o sel -regulationlacks credibility in the eye o the public, as it seems to be the rule that journalistsdont expose their comrades in arms. Without a visible and credible en orcement o pro essional standards readers or viewers dont bother to bring up their grievances.

Te intense commercial competition within the media industry has resulted inpartisanship as well as sensationalism. Te national media ocus their attention onBangkok as the centre at the expense o the periphery. Investigative reporting is

minimal or non-existent.

Proprietors o major newspapers o the Tai and the English language press haveo late been more inclined to inter ere in editorial independence. Media ownersinter ere both discretely and openly when the gathering o news or politicalcommentary results in exposing business a liates or may threaten the generationo advertising revenue rom the state or private companies.

Most journalists and media houses have integrity and are not seen as being corrupt.However, in some cases the practice o o ering bribes to journalists has taken a

much more sophisticated orm, rather than the straight orward o er o cash orgi ts. Approaches include o ering special privileges, invitations to trips abroad orthe sponsorship o activities by pro essional associations.

Although the starting salary o media practitioners corresponds with academicquali cations, the main problem is that the pay rise during the rst 10-20 years islower as than in comparable pro essions. Many media organisations o er ratherlow basic salary yet compensate this with other bene ts.

Public and private universities o er over thirty journalism and broadcasting degree

programmes. But the media houses complain that these undergraduates hardly meet the pro essional requirements in the job market. At the same time capacity-


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building and skills development or editorial sta is sporadic and unsystematicwith senior editors being reluctant to cooperate in this matter.

Unionisation is prohibited in most media establishments, be they private print or

state-owned media. Te employees o PBS are even legally orbidden to orm atrade union. Where unions exist, they tend to ocus more on salaries and bene tsrather than on wider working conditions or issues o transparency.

All in all, the Tai media landscape is characterised by a wide variety o newssources, a surprisingly independent public broadcaster, a vibrant community radiosector and an increasing appetite or independent in ormation among the generalpublic. But the growing political polarisation be ore and in the wake o the violentclashes between yellow shirts and red shirts in B.E. 2553 (2010) has broughtimpending media re orms to a halt, replaces reedom o expression with (sel )-

censorship and threatens the independence o the media rom both sides o thepolitical divide.


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SECTOR 1


Freedom of expression, includingfreedom of the media, is effectivelyprotected and promoted.

SECTOR 1:


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SECTOR 1

ASIAN MEDIA BAROMETER THAILAND 2010

1 O cial translation by Assistant Pro essor Dr. Pinai Nanakorn, Constitution Dra ting Commission,Constituent Assembly, Bangkok: Te Secretariat o the House o Representatives B.E. 2550 (2007). Inthis translated text liberties in expression is used instead o reedom o expression.

Sector 1: Freedom of expression,including freedom of the media, is

effectively protected and promoted.1.1 Freedom of expression, including freedomof the media, is guaranteed in the constitution andsupported by other pieces of legislation.

Analysis:

Te constitution o the Kingdom o Tailand, B.E. 2550 (2007) 1 inscribes in Part7 Liberties in Expression o Persons and Mass Media, Section 45 guaranteeing theright and reedom o expression that A person shall enjoy the liberty to expresshis or her opinion, make speeches, write, print, publicize, and make expression by other means.

Although reedom o expression ando the media is basically guaranteedthere are restrictions on privacy, onsa eguarding national security, andcensorship is permitted in timeso war. As stated in paragraph two,three and our, the restriction onthe liberty under paragraph one shallnot be imposed except by virtue o the provisions o the law specifcally enacted or the purpose o maintaining thesecurity o the State, sa eguarding the rights, liberties, dignity, reputation, amily or privacy rights o other persons, maintaining public order or good morals orpreventing the deterioration o the mind or health o the public.

Te closure o a newspaper or other mass-media business in deprivation o theliberty under this section shall not be made. Te prohibition o a newspaper orother mass-media business rom publishing in ormation or expressing opinionsin whole or in part or imposition o inter erence by any means in deprivation o the liberty under this section shall not be made except by virtue o the law enactedunder paragraph two.

Constitution Section 45 guarantees the right and freedom of expressions that A person shall enjoy the liberty to express his or her opinion,make speeches, write, print, publicize, and make expression by other means. Teclosure of a newspaper or other mass-mediabusiness in deprivation of the liberty under this section shall not not be made.


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Te censorship by a competent o cial o news or articles be ore their publicationin a newspaper or other mass media shall not be made except during the timewhen the country is in a state o war; provided that it must be made by virtue o the law enacted under paragraph two.

Section 46 provides guarantees or pro essional reedom that o cials oremployees o privately-owned newspaper, radio or television broadcasting orother mass-media businesses shall enjoy their liberties to present news and expresstheir opinions under the constitutional restrictions without any mandate o any Government agency, State agency, State enterprise or the owner o such businessesprovided that it is not contrary to their pro essional ethics, and have the rightto establish organizations protecting rights, liberties and airness and establishsel -regulatory mechanisms within pro essional agencies. Government o cials,o cials or employees o a Government agency, a State agency or a State enterpriseengaging in a radio or television broadcasting business or any other mass mediabusiness shall enjoy the same liberties as those enjoyed by o cials or employees o privately-owned businesses under paragraph one.

Although there are legal provisionsor the right and reedom o

expression or citizens and the mediain the Constitution o the Kingdomo Tailand, B.E. 2550 (2007) there isalso some legislation that hinders the

ull implementation and promotion o such reedom i.e. the Internal Security Act,B.E. 2550 (2007), the Emergency Decree, B.E. 2548 (2005) and Martial Law,B.E. 2457 (1914). In addition, Section 112 o the Criminal Act, B.E. 2451 (1906)and B.E. 2499 (1956), regarding de amation o the King orlse majest , inscribesa maximum sentence o teen-year imprisonment. Tis kind o legal restrictionhinders the ree expression o opinions on the monarchy. One panelist pointed outthat it seemed there would be more prosecution regardinglse majest in the utureand it would be appropriate to review this law or repeal it all together.

A panelist cited a recent example on how the state, via the Center or theResolution o Emergency Situation (CRES), closed down a dissident magazineRed Power by using the Emergency Decree despite the guarantee in Section 45o the Constitution on reedom o expression. O cers rom CRES threatened,searched and closed the printing house and charged the owner with tax evasion.Te editor o Red Power had to cross the border to Cambodia in order to print themagazines because no other printing house dared to print it. Te distribution andsale o Red Power back home also encountered serious problems. Another examplewas the blocking o large numbers o websites by the Ministry o In ormationand Communication echnology (IC ) based on the restrictions inscribed inthe Emergency Decree, and the arrest o web users and moderators based on the

Constitution Section 112: whoever de ames,insults or threatens the King, Queen or the Heir-apparent or the Regent shall bepunished with imprisonment or a minimumo three and a maximum o teen years.


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SECTOR 1


stipulations in the Computer Crime Act, B.E. 2550 (2007) or Section 112 o theCriminal Law.

Some panelists were o the opinion that the suppression o reedom stems

rom the implementation o the law rather than rom the law itsel , pointing toa question o power and culture in Tai society. Another panelist said that therequent annulment o the constitution has ultimately robbed the constitution o

its sanctity. When all is taken into consideration, the constitution could hardly bethe genuine oundation or the de ense o reedom o expression.

Seen rom a di erent perspective, one panelist argued that since the Constitutionis the highest law it could be used, directly, as a re erence to de end reedom o expression without having to enact any other organic law. Tis line o legal de enseshould be promoted over and above the existing practice in order to materialize theright to reedom o expression. In addition, i media practitioners carry out theirduties without bias no law can hinder their pro essional per ormance. NeitherSection 112 o the Criminal Code nor any other law should be used as an excuseto restrict reedom o expression.

Regarding Article 46 o the Constitution, several panelists commented thatalthough it is meant to guarantee reedom or media pro essionals, governmentpolicy, media organization policy and economic conditions are the key obstacleswhich reduce the scope o reedom o expression in reality. For these reasons it isdi cult or journalists to investigate the abuse o power by a politician, or to reportopposing views in any critical manner, and to report adversely to the interests o media owners or major advertisers. Journalists are told to tone down, or the reportis being censored. Furthermore, journalists are not ree to organize in unions.

Score sheet: 1.1






Average score: 3.3


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1.2 The right to freedom of expression is practisedand citizens, including journalists, are asserting their rights without fear.

Analysis:

Although reedom o expression, guaranteed by the Constitution, is practised by citizens and journalists, they assert this right with a certain level o ear. Citizensand journalists dare not criticize power ul institutions such as the judiciary or themonarchy openly and truth ully. Citizens are also ear ul o media institutions,since those are very power ul and could pose a threat to ordinary citizens.

Te panelists said ear could be de ned as a state o right or terror. In concreteterms, citizens are a raid o state authorities and local ma a. Tey are a raid o intimidation, violent attack, victimization, arrest and imprisonment without trial,torture and murder. People in the Deep South are a raid o the local ma a andthe insurgents. On the other hand, civil servants are a raid o politicians. Mediapro essionals and journalists are a raid o media owners. Te media could looseconsiderable income rom power ul corporations i they criticized their majoradvertisers.

Some panelists argued that the deep-running ear was rooted in Tai culture.

Te structure o Tai culture is characterized by top-down relationships. Te lesspower ul are a raid o the more power ul. Accordingly, some people do not wantto express their contradictory views openly. During the current political crisis localmedia had a hard time trying to report on the con rontation between the Yellow and Red Shirts in the community. Tey were ear ul that they might be attackedby either side. At this juncture, ordinary citizens are a raid o one another. Citizensshy away rom wearing colour t-shirts, which is a means to express their politicalstance, ear ul o any physical or verbal repercussions in public. Sel -censorship onpolitical expression, more o ten than not, has been practised due to this deep earembedded in the culture. Neither the media nor citizens want to be labelled orvictimized as Yellow or Red, unpatriotic or disloyal during this particular momentwhen political radicalization and polarization has become the name o the game.

Another panelist said that during the recent political crisis the media andcitizens were concerned about how to express their political opinion honestly andindependently in public. Tis was due to the act that the mainstream media o tenreport/write about the monarchy without critical thinking. Tere has been no realdemarcation on the kind o content that is deemed to be proper criticism and whatis considered to be de amation. Journalists, there ore, chose to avoid the subject orpractise sel -censorship rather than write about it.


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1.3 There are no laws restricting freedom of expression such as excessive of cial secrets or libelacts, or laws that unreasonably interfere with theresponsibilities of media.

Analysis:

Laws restricting reedom o expression can be classi ed into 3 groups;1. Internal security laws such as the Internal Security Act, B.E. 2550 (2007), the

Emergency Decree, B.E. 2548 (2005).2. De amation laws such as Section 112, 326 and 328 in the Criminal Code,

B.E. 2499 (1956) and the revised version B.E. 2535 (1992).

3. In ormation laws such as the O cial In ormation Act, B.E. 2540 (1997).Te internal security laws and criminal de amation laws stipulates that in ormationwhich might have a negative impact on national security or on the reputationand dignity o an individual or o the royal institution must be censored. TeEmergency Decree, or instance, stipulates that in the event that an emergency must be resolved instantly or to prevent urther damage, the Prime Ministerhas the power to (3) Ban the publicity and distribution o any in ormation,print media or any other media that might righten the public. Ban the mediathat distort in ormation and cause misunderstanding. Ban the publicity and

distribution o in ormation that might have an adverse impact on internal security,social harmony and good moral o the people in the speci ed emergency area orin the whole country.

Te O cial In ormation Act, B.E. 2540 (1997)protects o cial in ormation concerning themonarchy, national security, oreign relationsand nancial security rom being disclosed. Temedia are not permitted to disclose classi edin ormation.

Some panelists were o the opinion that laws restricting reedom o expressionusually claim that they work to sa eguard national security or the reputation o an individual. Te counter argument would be that although some o these lawsmight be needed, the criminalization o expressing ones opinion about a certainindividual or any public gure in the media might create an atmosphere o earand cause harm to reedom o expression. One panelist pointed out that many countries had decriminalized their de amation laws. Te obvious bene t was toprevent the government or politician rom utilizing de amation laws to threatenor destroy the opposition. Prime Minister Taksin Shinawatra, or example, used

de amation laws to harass and ban the media rom exposing the governmentswrongdoing. A large number o journalists and media organizations were sued

Section 14 o the O cial In ormation Act: Any o cial in ormation that might causedamage to the monarchy must not be disclosed.


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Section 20 o the Computer Crime Act allowsthe Minister, through a court injunction, toblock or ban any website or any publicationin the computer system that is considered harm ul to national security according to theCriminal Code, or in maintaining public order or good moral o the people.

by politicians or de amation in criminal court. As or these de amation casesthey were sued or very he ty damage charges. Media pro essional organizationssuch as the Reporters and Journalists Association o Tailand and the NationalPress Council o Tailand have moved in concert with Article 19 to amend

the Criminal Code regarding libel and de amation. Te objective is to li t therestrictions on reedom o expression.

Furthermore, most media laws have sections which restrict the publicity o in ormation, programmes and content that could be harm ul to national security and the good morale o the public. Section 37 o the Radio and elevisionBroadcasting Services Act, B.E. 2551 (2008), or example, stipulates that it isprohibited to broadcast programme that causes the destruction o the DemocraticRegime with the King as Head o the State, or has an adverse e ect on nationalsecurity and the good moral o the public, or displays pornographic act, or has an

adverse e ect on the social psyche or detrimental to the health o the public. Teauthority or commissioner can ban the programme instantly, or can suspend orrevoke the license o the station.

In Section 26 o the new Film and Video Act,B.E. 2551 (2008) the classi cation o lm ratingshave included a ban rate on the 7th rating scale.A lm which is rated 7 means that the lm isbanned rom being screened and distributedwithin the kingdom. I the content is deemed to

have an adverse e ect on the monarchy, or the democratic regime with the King asHead o the State, or contemptuous o a religion, or cause disunity among peoplein the nation, or harm oreign relations, or has the main theme on sexual relationsand shows sexual intercourse explicitly, it must be banned.

Section 14 o the Computer CrimeAct, B.E. 2550 (2007) holds that i any person committed any o enceon orged or alse computer data thatis likely to cause injury to another

person, or damage to national security,terrorism or obscene data shall besubject to imprisonment or not morethan ve years or a ne o not more than one hundred thousand baht or both.Section 15 penalizes any service provider intentionally supporting or consentingto an o ence under Section 14 to the same penalty as that imposed upon a personcommitting an o ence under Section 14. Section 16 penalizes any person, whoimports to a computer system that is publicly accessible, computer data where athird partys picture either created, edited, added or altered by electronic meansor otherwise in a manner that is likely to impair the reputation, create hatred,

contempt or shame shall receive the same punishment as prescribed in Section 14.Section 20 allows the Minister, through a court injunction, to block or ban any

A lm which is rated 7 meant that the lm is banned rombeing screened and distributed within the kingdom.


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SECTOR 1


website or any publication in the computer system that is considered harm ul tonational security according to the Criminal Code, or in maintaining public orderor good moral o the people.

During B.E. 2552-2553 (2009-2010) thousands o websites considered to de amethe monarchy have been blocked. Tere were several arrests and imprisonment o persons who publicized content, in the computer system, considered to de ame themonarchy such as the case o Mr. Suwicha akaw, who was sentenced to a 10-yearimprisonment on two separate accounts in April 2009. He was discharged in June2010 by a royal pardon a ter serving 15 months in jail. Another case concernedthe online news plat orm Prachatai. Te moderator was arrested in 2009 ordistributing content that damaged the reputation o and considered harm ul tonational security according to Section 14 and 15 o Computer Crime Act, B.E.2550 (2007) and Article 91 o the Criminal Code. She was released on bail and

the case will go on trial in early 2011.

Score sheet: 1.3






Average score: 1.7

1.4 The Government makes every effort to honour regional and international instruments on freedom of

expression and the media. Analysis:

Te Tai government, as a signatory to the United Nations, has rati ed theUniversal Declaration o Human Rights. Article 19 enshrines that Everyone hasthe right to reedom o opinion and expression; this right includes reedom tohold opinions without inter erence and to seek, receive and impart in ormationand ideas through any media and regardless o rontiers. In addition, the Taigovernment is signatory to the International Covenant on Civil and PoliticalRights and several other UN declarations and covenants.


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1.5 Print publications are not required to obtainpermission to publish from state authorities

Analysis:Te Press Registration Act, B.E. 2550 (2007) stipulates in Section 11 thatNewspapers printed in the Kingdom must register according to this law. Teobjective o the new Press Registration Act is to liberalize the publication o theprint media such as newspapers and magazines. A new system o registration wasintroduced in place o the previous licensing system. Tose who wish to start aprint publication can do so by registering with the Ministry o Culture. Stateauthority is no longer vetting the publisher or his/her political inclination be oregiving permission to publish as it used to be. However, a panelist argued that thejournals which evade registration could nd themselves in trouble. Tese werepublications that were critical o the government or those deemed harm ul to thepolitical stability by the government.

Te Press Registration Act, B.E. 2550 (2007) also stipulates in Section 16 that noless than 70 percent o the ownership o a newspaper company must be ownedby individuals who hold Tai nationality, and three ourth o the board membersmust be individuals who hold Tai nationality.

One panelist pointed out that another restriction appeared in Section 10 o the Press Registration Act, B.E. 2550 (2007). It prohibited the import o printmedia which may de ame the King, the Queen, the Heir-apparent or the Regent,or content that was detrimental to national security, or public harmony, or thegood moral o the people. In B.E. 2553 (2010) the distributor o the Economistsuspended the sale o this magazine several times or ear that the reporting in theEconomist might be seen by state authorities to de ame the monarchy.

Score sheet: 1.5






Average score: 3.2


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1.6 Entry into and practice of the journalistic

profession is legally unrestricted

Analysis:

Entry into and practice o the journalistic pro ession is legally unrestricted. Ingeneral, reporters and journalists hold an identi cation card rom their mediaorganization. In the past radio and television newscasters, announcers, disk jockeys, etc., had to have an announcers or programmers license issued by thePublic Relations Department. Tis was li ted a ter the enactment o the Frequency Allocation Act, B.E. 2543 (2000).

Score sheet: 1.6






Average score: 5.0

1.7 Con dential sources of information areprotected by law and/or the courts.

Analysis:

Con dential sources o in ormation are not protected by law and/or the courts.Tere ore, news sources are vulnerable when they provide important in ormationthat might expose politicians or public gures o corruption or wrongdoing. Apanelist suggested that it was the responsibility o the journalist to adhere strictly to his/her pro essional code o ethics. Tis was to protect the con dential source

rom any harm or ear that they might come under threat, harassment or be suedin court.

As news sources are not protected by law, state

authorities and the court o ten put pressure onthe media to reveal their con dential sources.

As news sources are not protected by law state authorities and thecourt o ten put pressure on the

media to reveal their con dential sources.


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One panelist cited an example that when a journalist re used to reveal the nameo his source in court he was penalized or contempt o court. Online-papers arenow acing the same plight. State authorities have been asking the web moderatorto give the name/identi cation o individuals who posed critical comments on

the website.

Another panelist suggested that, on the contrary, where there was no law prescribing that a journalist must disclose their news sources state authoritiesand the court had no legal authority in this matter. It was the duty o the stateauthorities and the court to nd out the name, i they wish to, by themselves.

Score sheet: 1.7

1 Country does not meet indicator 2 Country meets only a few aspects of indicator




Average score: 1.7

1.8 Public information is easily accessible,guaranteed by law, to all citizens.

Analysis:

Te O cial In ormation Act, B.E. 2540 (1997) guarantees the right o all citizensto have access to public in ormation. Te basic rule o the law is to disclose ratherthan to restrict access. Section 7 on in ormation disclosure speci es that A Stateagency shall at least publish the ollowing o cial in ormation in the GovernmentGazette: (1) the structure and organization o its operation; (2) the summary o key responsibilities and operational methods; (3) a contacting address in order torequest and obtain in ormation or advice; (4) by-laws, resolutions o the Cabinet,regulations, orders, circulars, rules, work pattern, policies or interpretations thatare made or issued to have the same orce as by-laws and intended to be o generalapplication to private individuals concerned; (5) other in ormation as determinedby the Board.


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Most o the panelists were o the opinion thatstate agencies operate in such a way that hindersaccessibility. Te reasons might be their negativeattitude on openness, their ine ciency in data

collection and management. In many cases, stateagencies are not compliant with the law. Forexample, media access to in ormation on largepublic projects that might have serious environmental impact on the communitieswould be barred. For individual citizens it is much harder to access this kind o in ormation.

Furthermore, sensitive in ormation such as violence in the Deep South,compensation or the amilies o victims, or the closure o many websites whichthe government claimed may endanger national security or de ame the monarchy or the violent crackdown on Red Shirt demonstrators in April-May B.E. 2553(2010) in Bangkok were kept away rom public scrutiny. Te government, in mostcases, would not disclose in ormation deemed to have an adverse political impact.

Score sheet: 1.8






Average score: 2.4

1.9 Websites and blogs are not required to register with or obtain permission from state authorities.

Analysis:

Citizens are not required to register with or obtain permission rom stateauthorities in order to have a website or their own blog.

One panelist, however, argued that despite this openness, many websites thatpublish political content have been blocked by the Ministry o In ormation and

State agencies operate in such away that hinders accessibility. Tereasons might be their negativeattitude on openness, their

ine ciency in data collection and management.


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Communication echnology (IC ) during the past two years. Internationalwebsites which discussed or made critical comments on the Tai political situationor on the monarchy where asked by the government to censor their content.

Score sheet: 1.9






Average score: 5.0

1.10 The State does not seek to block or lter Internetcontent unless laws provide for restrictions that servea legitimate interest and are necessary in a democraticsociety.

Analysis:

During the past two years the Ministry o In ormation and Communicationechnology (IC ) has blocked large numbers o websites that are critical o

the government or those o the political opposition. Te panelists said that thegovernment did not seem to care too much about privacy, pornographic websitesincluding child pornography on the internet. Te main restriction was on blockingand ltering websites that published political and anti-government content.2

One panelist suggested that the Tai authority should adhere to the principle o reedom o expression on the internet. And Tai citizens must de end reedom rst

2 Statement by Tai Netizen Network on Internet Freedom or 2010 said that the government hasen orced many laws and decrees curbing reedom o in ormation and press reedom in the past year. Teseinclude the Internal Security Act, the Emergency Decree and the Computer Crime Act. It revealed thatthe government had closed or blocked more than 10,000 websites deemed critical o the government,monarchy or military. Lse majest charges have been used as a tool to prosecute those with di erentpolitical belie s, with websites belonging to the anti-government red shirts acing the most aggravation.(Net activists slam govt or silencing its critics,Bangkok Post On-line, 10 Dec, B.E. 2553 (2010).http://www.bangkokpost.com/news/politics/210576/net-activists-slam-govt- or-silencing-its-criticsAccessed 11 Dec, B.E. 2553 (2010). Research report on Facts and Figures: Netizen Arrests and InternetCensorship stated that there were 185 court cases, 117 court injunctions to block websites and 74,686URLs were blocked during July 2007-July 2010. (http://ilaw.or.th/node/631 Accessed 11 Dec, B.E. 2553(2010).


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and oremost. Blocking should come later, i atall. Citizens should ask whether the governmenthad any basis or blocking certain content. Tegovernment should also restrict the ltering or

blocking to particular parts o the website andnot block the whole website. Te IC Ministry had, so ar, blocked more than 200,000 web pages

without a court injunction. Te government en orced the Emergency Decreethrough the authority o CRES. It would not come as a surprise i in the uturethe government should take more stringent measure to lter and block content onthe internet similar to what the Chinese government has been doing. Score sheet: 1.10






Average score: 1.8

1.11 Civil society in general and media lobby groups inparticular actively advance the cause of media freedom.

Analysis:

Te panelists were o the opinion that although civil society organizations ingeneral were advancing the cause o social justice, anti-corruption, environmentprotection, or example, they did not actively engage themselves or media reedomas such. Tere are very ew media lobby groups and the public in general are notinvolved closely with these media lobby groups.

Without a serious de ender o media reedompolitical groups, especially opposition voices,

nd it di cult to ully exercise their rightto reedom o expression during the currentpolitical confict. Some panelists were o the

opinion that since most political groups weretotally polarized they constantly attacked the

Tai authority should adhereto the principle o reedom o expression on the internet. And Tai citizens must de end reedom

rst and oremost. Blocking should come later, i at all.

Te public in general and political groups only valued their own reedom. Tey did not carei their opposition were banned or restricted. Tey would evenwelcome state oppression on

reedom o expression i it were toshut up the other side.


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other side verbally and attempted to close down those voices that they saw astheir opponents. Obviously, the public in general and political groups in particularonly value their own reedom. Tey do not care i their opposition is banned orrestricted. Tey would even welcome state restrictions o reedom o expression i

it was to shut up their opposition.

Score sheet: 1.11






Average score: 2.4

1.12 Media legislation evolves from meaningfulconsultations among state institutions, citizens and

interest groups.

Analysis:

Many media laws were enacted during B.E. 2549-2550 (2006-2007) by theNational Legislative Assembly (NLA) whose members were appointed by theCouncil or National Security (CNS) which staged the coup dtat in B.E. 2549(2006) against the elected government o Prime Minister Taksin Shinawatra.

One panelist questioned the legitimacy o these

media laws and their objective in protectingand promoting reedom o expression. Someo these laws were immediately legislated in ashort span o time. It was ound later that someo them were instrumental in restricting andcontrolling reedom o expression especially

against the opposition and critical political views. Tese media laws are: theComputer Crime Act, B.E. 2550 (2007), the Film and Video Act, B.E. 2551(2008) and the Radio and elevision Broadcasting Services Act, B.E. 2551 (2008).One panelist said that the urgency in the legislation process o the Radio and

elevision Broadcasting Services Act, or example, le t it with loopholes and,hence, it remained unen orceable.

Te legitimacy o these medialaws, enacted during 2006-2007 by the National LegislativeAssembly (NLA), in protecting and promoting reedom o expression must be questioned.


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The media landscape, including newmedia, is characterised by diversity,

independence and sustainability.

SECTOR 2:


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Sector 2: The media landscape,including new media, is characterised

by diversity, independence andsustainability.

2.1 A wide range of sources of information (print,broadcasting, Internet) is accessible and affordable tocitizens.

Analysis:Te media landscape is as ollows4:

-Print mediaNewspapers 80

National papers 25 ai 20 English 2 Chinese 2 Malayu 1

-Broadcast media Radio 524 Television (free-to-air) 6 Satellite television 30 Cable television 800 Community radio 8,000

-Internet ISP (wired) 28 ISP (wireless) 8

Tere is a wide range o sources o in ormation rom print media, broadcasting,and the Internet in the Tai media landscape. Te national mainstream mediaare mostly concentrated in Bangkok while local media such as cable televisionand community radio are scattered around the country. Some panelists arguedthat the question was not on the quantity but on the quality. Other constraintsregarding accessibility are price a ordability, language and cultural accessibility.Farced with these basic constraints citizens can easily lose their right to haveaccess to in ormation. One panelist cited the UN principles on accessibility which

4 Compiled rom the Public Relations Department, the National elecommunication Commission(N C), National Electronics and Computer echnology Center (NEC EC).


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include; geographical accessibility, physical accessibility, economic accessibility,and language-cultural accessibility. Te ollowing statistics show the discrepancy between media provision and the accessibility o in ormation or Tai citizens.

Media accessibility (percentage o access by population) Print media (newspapers) 30% Radio and television 95% Cable television 15% Community radio/local radio 40% Internet 20-22%

One panelist wondered i the large number o media available make Tai citizenswell in ormed.

Score sheet: 2.1






Average score: 3.4

2.2 Citizens access to domestic and internationalmedia sources is not restricted by state authorities.

Analysis:

Generally citizens access to domestic andinternational media sources is not restrictedby state authorities. Some panelists, however,were o the opinion that there were sensitive

issues or content which restricted by law or culture which have been blocked.For example, reports on or criticism o the monarchy or comment seen to beanti-government in nature have been blocked. Some recent examples include:the crackdown on Muslim demonstrators in the akbai district o Narathiwasprovince in the South in B.E. 2547 (2004) where 78 people died while in transit

to the military camp; or the closing down o anti-government community radiothat mobilized the United Front or Democracy Against Dictatorship (UDD)

Tere were sensitive issues or content restricted by law or culturewhich have been blocked.


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to protest against the government. Reports about these incidents would eitherbe toned down or censored. In addition, the British current afairs magazine, theEconomist, has been blocked rom distribution several times.

Score sheet: 2.2






Average score: 2.4

2.3 Efforts are undertaken to increase the scopeof circulation of the print media, particularly to ruralcommunities.

Analysis:Some panelists said that the print media havetended to expand into the area o new mediasuch as satellite television because people in therural areas pre erred television to other media.

Furthermore, print media expanded into news service on mobile phone such asshort news via SMS or on the internet with their online version o the paper ora new multi-media plat orm. Prior to this, some o the major newspapers madeeforts to increase their circulation by seeking new readership in the urban as well

as rural areas such as the paperKom Chud Luek, a Student Weeklyin the BangkokPost group. However, the present market expansion seems to ocus on popularcontent such as entertainment and sports. Tere were also some new openings inthe local media.

In the past, the government had a policy to support community libraries and theIn ormal Education Department also supported reading centers which provideddaily newspapers. But due to the lack o ressources and poor management theseprojects ailed to materialize.

Te present market expansionseems to focus on popular content such as entertainment and sports.


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Score sheet: 2.3






Average score: 2.2

2.4 The editorial independence of print mediapublished by a public authority is protected adequatelyagainst undue political interference.

Analysis:

Te panelists did not score on this indicator. Te state or public authority does notpublish any newspaper. Print media is a private industry.

Some panelists argued that although state authority did not publicize any paper tocompete with private newspapers there was a whole range o state publications inthe orm o journals, magazines or poster, which were publicly unded and servedas public relations materia. Tese kinds o publications are meant to promotepoliticians, ministers or certain departments. Tey are distributed without charge,not or sale.

Score sheet: 2.4






Average score: n/a


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2.5 Adequate competition legislation /regulationseeks to prevent media concentration and monopolies.

Analysis:Paragraph 1 o Article 47 o the Constitution o the Kingdom o Tailand, B.E.2550 (2007) inscribes that radio requency or the transmission o radio, televisionand telecommunication is a national resource or public interest. Paragraph 4inscribes that the rules in regulating radio, television and telecommunicationservices must prevent any cross ownership, concentration, and domination amongthese media operators or by other individuals which may hinder the right to

reedom o in ormation or restrict citizens access to a diversity o in ormationsources.

Te organic law, the Frequency Allocation and Radio and elevision Broadcastingand elecommunications Services Authority Act, B.E. 2543 (2000) and theNational Broadcasting Commission(NBC) and the National ele-communication Commission (N C)have been designed as an independentregulator with the authority to re-allocate the usage o radio requencies

or radio and television broadcasting,and telecommunications services.Te aim has been to break up the current concentration and monopoly by stateagencies in the radio and television sector. Most o the panelists were o the view that the present group o radio and television operators, such as the Ministry o De ense, which owns 45% o radio stations and 33% o ree-to-air televisionstations (two out o six stations), and the big media corporations might resistthis re-allocation plan. In addition the industry is expanding into the directiono multimedia plat orms. Any kind o re-arrangement to break up the status quocould simply be rejected.

Some panelists argued that since the Constitution and the Radio and elevisionBroadcasting Services Act, B.E. 2551 (2008) set out to break up the currentconcentration and monopoly o ownership it was now up to the new regulationsand their uture en orcement to achieve this goal. Although resistance by stateagencies or the industry might be expected citizens were well aware o the negativeimpact on the right to in ormation and reedom o expression i the industry wasmonopolized by a single corporation such as during the government o PrimeMinister Taksin Shinawatra or by the state which thrives on revenue rom hugeprivate concessions.

Most o the panelists were o the view that the present group o radio and televisionoperators, such as the Ministry o De ensewhich owns 45% o radio stations and 33%o ree-to-air television stations (two out o six stations) and the big media corporations

might resist this re-allocation plan.


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2.7 All media fairly re ect the voices of both womenand men.

Analysis:Tere were two lines o argument on this issue. One group o panelists were o the opinion that women voices were airly refected in the media particularly inwomen, ashion and entertainment magazines. Furthermore, women were givenextra space i they are victims o violence such as the unrest in the Deep South.Tere are also women groups who de end the rights o women i their images orstories are un airly refected in the media.

Te other line o argument was thatthe media were biased in refectingthe voices o women and men, anddeeply biased in their representation o sexuality. Most media were upholdingthe patriarchy worldview. One panelist pointed out that the media did not seethat women and men are equal. Another panelist said that gender and sexualrepresentation in the media were largely circumscribed by the conservativeworldview in Tai society. For example, girl students who become pregnant whilstin school, are not permitted to continue their education a ter giving birth.5

Te media had little gender awareness and they usually refected the dominantconservative value that women should take the role o a wi e and mother. Anotherpanelist added that the media o ten use negative language to portray women whochalleng the domination o men. In the Tai social and cultural structure menare in control in the public sphere with their political power whilst the space orwomen is con ned within the domestic sphere.

Score sheet: 2.7






Average score: 3.45 Legal revision on this issue has been made recently that schools must accept these young mothers back to the education system.

Te other line o argument was that themedia were biased in re ecting the voices o women and men, and deeply biased in their representation o sexuality.


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2.8 All media fairly re ect the voices of society inits ethnic, linguistic, religious, political and socialdiversity.

Analysis:

Most o the panelists were o the opinion that the media did not airly refect thevoices o society in its ethnic, linguistic, religious, political and social diversity.

Te media would most o ten refectthe voices o the power ul and o thestate authorities. Some o the panelistswere highly critical o the media.Tey said that the media were biased

against the disadvantaged groups in society such as groups with di erent ethnic,linguistic, religious, political and social characteristics. Tey were also deeply biased against migrant labour. One panelist argued that the media did not refectthe real views o these di erent voices but would o ten use contemptuous imagery or language against these ethnic groups. On the other hand, the media wouldaccept the o cial discourse on the disadvantageg ethnic groups such as labellingthe Southern Muslims as Tai Muslims instead o Malayu, as they call themselvesin the Deep South.

Score sheet: 2.8






Average score: 1.9

Te media are biased against thedisadvantaged groups in society such asgroups with diferent ethnic, linguistic,religious, political and social characteristics.


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2.9 The country has a coherent ICT policy, whichaims to meet the information needs of all citizens,including marginalised communities.

Analysis:

Although the 2nd Master Plan on In ormation and Communication echnology,B.E. 2552-2556 (2009-2013) drawn up by the Ministry o In ormation andCommunication echnology (IC ) has set its goal on education and socialdevelopment in line with the direction o the National Development Plan. It issupposed to build an IC in rastructure that would meet the in ormation needso all citizens, including marginalised communities, the disadvantaged, the elderly,

and the disabled but the planning process seems still rather incoherent. Someo the panelists were o the opinion that even though there were several masterplans including the National Broadband Master Plan which aimed at providingbroadband access to at least 50% o the population within the next ve years,the main problem laid with the implementation o these plans by various stateagencies. Much o the e ort to construct a solid in rastructure was carried out by the private concessionaires rather than by the state agencies. Hence, there is still ahuge digital gap between the urban and rural population.

Score sheet: 2.9






Average score: 1.6

2.10 The Government does not use its power over theplacement of advertisements as a means to interferewith editorial content.

Analysis:

Most o the panelists were o the opinion that the government inter eres witheditorial content by using its power over the placement o advertisements.


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2.11 The advertising market is large enough tosupport a diversity of media outlets.

Analysis:Most o the panelists were o the opinion that the advertising market is largeenough to support a diversity o media outlets. Te largest share o advertisingspending, approximately 60%, goes to television. One panelist said that thetrend in the advertising market was towards event organization o both privatecorporations and state agencies. So ar, advertising on the internet is very small.

One panelist commented that despite the act that the advertising market wasquite large the government could still infuence editorial content e ectively through its corporate advertisement and public relations budget. Recently, thegovernment set up a new satellite television station in the Interior Ministry as itsown political instrument.

Score sheet: 2.11


2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator



Average score: 3.8

Average score for sector 2: 2.4

* See detail on B.E. 2551, 2552 (2008, 2009) advertising spending in the Appendix


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Broadcasting regulation is transparentand independent; the State broadcaster is transformed into a truly publicbroadcaster.

SECTOR 3:


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are not registered. Tese include stations connected to the political group, UnitedFront or Democracy Against Dictatorship (UDD) or the Red Shirt.

Te panelists were o the opinion that the

conducive environment, in part, was theoutcome o citizens awareness o theirbasic right according to the Constitution,o their need or relevant in ormation andpublic space or ree expression. Te new environment provided or selfearning,competition and the search or a diversity o experiences. But one panelist arguedthat it was disappointing that the government and state authorities were notsupportive o these rights and reedom because they thought it was a politicalproblem. With this kind o negative mentality the three-tier classi cation o radioand television services, prescribed in the laws, has not been implemented. In act,

the government and society should see the fourishing o radio and television asnew seed o reedom, and not as a problem. Te panelist commented urther thatduring the recent political confict many anti-government radio stations or thosea liated with the UDD were closed down. Te government and military o cersraided the stations, seized the transmitters and arrested the manager o Red Shirtstations claiming their authority rom the Emergency Decree (2005) and theCenter or the Resolution o Emergency Situation (CRES), and rom the RadioCommunications Act, B.E. 2498 (1955) and the National elecommunicationCommission (N C).

One panelist argued that i community radio was barred rom airing advertisementthe shortage o revenue may be detrimental to the survival o this sector. Tegovernment and the uture NB C should take it as their primary responsibility tosupport community radio. And in addition, community radio must seek unding

rom members and public donations.

Score sheet: 3.1






Average score: 2.6

Te government and society should see the ourishing o radio and television as new seed o reedom, and not a problem


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3.2 Broadcasting is regulated by an independentbody adequately protected by law against interferencewhose board is appointed in an open way involvingcivil society and not dominated by any particular political party.

Analysis:

Te new Frequency Allocation and Radio and elevision Broadcasting and ele-communications Services Authority Act, B.E. 2553 (2010) which stipulated

or a single regulator, combining the N C with NBC, has been designed asan independent regulator. Te selection process o the eleven commissionersis opened to nominations rom state agencies, civil society organizations andpro essional organizations rom the media industries. Forty- our individuals willbe short-listed rom the selection process. Te ultimate decision rests with theSenate who will screen the quali cations o each individual be ore they vote orthe eleven nalists.

Te panelist argued that despite the legal blueprint in the selection process inthe new Frequency Allocation and Radio and elevision Broadcasting and elecommunications Services Authority Act, B.E. 2553 (2010) nothing was guaranteedbecause the process had not yet begun. Te independence and transparency o the new regulatory body, though adequately protected by law against politicalinter erence, could be easily jeopardized. Previously, state agencies who ownedthe majority o the airwaves and large media corporations had made attempts tonominate their representatives to this regulatory body, but ailed.

Score sheet: 3.2






Average score: 3.3


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3.3 The body regulates broadcasting services andlicences in the public interest and ensures fairness and adiversity of views broadly representing society at large.

Analysis:

Te panelists did not score on this particular indicator. Tis is due to the actthat the new independent regulator has not been set up. On the other hand, theBoard o the Radio and elevision Services Authority is an ad hoc sub-committeeattached to the National elecommunications Commission (N C) during thistransitional period. Te panelists could not score on whether the regulation o broadcasting services and the licensing o these services is done in airness or

public interest.

Score sheet: 3.3






Average score: n/a

3.4 The state/public broadcaster is accountable tothe public through a board representative of societyat large and selected in an independent, open and

transparent manner.

Analysis:

Te panelists only scored or the public broadcaster, Tai Public BroadcastingService( PBS), newly established in 2008. PBS is the rst public broadcasterset up by the Tai Public Broadcasting Service Act, B.E. 2551 (2008).

Te Tai Public Broadcasting Service Act, B.E. 2551 (2008) prescribes that the

nine Board members are to be selected rom experts who are knowledgeable,experienced and demonstrate particular achievements in the area o mass media,


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management, promotion o democracy and local development, education,protection and development o children, young people and amily or on thepromotion o the rights o the disadvantaged. Te selection committee wasmade up o teen individuals representing media pro essional organizations,

civil society and state agencies. Tey were responsible or the selection o eligibleapplicants, who did not have a confict o interest, in a transparent and air manner.Te majority o the panelists agreed that the selection o the Board had beencarried out in an open and air manner.

Regarding state broadcasters such as Channel 11 o the National Broadcasting o Tailand (NB ) under the Public Relations Department, and Channel 9 underthe Mass Communication Organization o Tailand (MCO ) 8 their Boardmembers and Executive Directors are appointed by the Minister Attached to theO ce o the Prime Minister.

Score sheet: 3.4






Average score: 4.0

3.5 Of ce bearers with the State and politicalparties, as well as those with a nancial interestin the broadcasting industry, are excluded from

possible membership on the board of the state/publicbroadcaster.

Analysis:

Te panelists only scored or the public broadcaster, Tai Public BroadcastingService( PBS), same as 3.4.

8 Te Mass Communication Organization o Tailand (MCO ) is a public corporation whose majorshareholder is the Ministry o Finance.


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Section 21 and 22 o the Tai Public Broadcasting Service Act, B.E. 2551 (2008)prescribes that each o the Board member, who is in charge o the highest policy o PBS , must not be a public servant o any state agency, not an employee o any state or public corporation, not holding a political position in the local assembly

or local administration, not a committee member or an executive member o apolitical party or an employee o a political party, not a committee member o any state or public corporation, or any other state agency, not a shareholder, committeemember or employee o any broadcasting and telecommunication company or ina company that produces programs or PBS . Te Board members must not havea confict o interest with PBS in any other manner such as with the managemento PBS or with other broadcasters who compete with PBS directly or indirectly.

Score sheet: 3.5






Average score: 4.5

3.6 The editorial independence of the state/publicbroadcaster from political in uence is guaranteed bylaw and practised accordingly.

Analysis:

Te panelists only scored or the public broadcaster, Tai Public BroadcastingService( PBS), same as 3.4 and 3.5.9

Section 28 (2) o the Tai Public Broadcasting Service Act, B.E. 2551 (2008)stipulate that the Board o PBS has the duty to protect the independence o theExecutive Committee, Executive Director and all employees rom any politicalinfuence.

9 It should be noted that there were 4 panelists rom PBS ; one Board member, one ex-Board member,one Executive Committee member and the Executive Director o PBS .


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Te panelists debated on PBSs editorialindependence during the recent politicalconficts in B.E. 2552 (2009) and B.E. 2553(2010). Some panelists were o the opinionthat, viewing rom the news programmes,current a airs and other type o programmes,

PBS was politically biased. It did not open its space or any opposition voices(o the opposition party, UDD and Red Shirts). A panelist suggested that thismight not arise rom any direct political infuence or intention on the practitionersside. But it might be due to the true political belie o the journalists and editors.On the other hand, another panelist argued that because PBS was criticised orbeing biased (against PAD and pro-government groups), there ore, it respondedby publicly showing more loyalty than it should have.

Te panelists continued the discussion on the question o political bias. Onepanelist argued that PBS was nationalized by the coup detat in 2006. I V,

ormerly a private corporation, was seized rom Shin Corporation in the processo ousting Taksin Shinawatra and his Tai Rak Tai government. It would bedi culty to justi y that PBS was really a public television because it was clearthat the coup makers did not want the opposition party to own nor operate thestation. PBS ound itsel in a quagmire whereby balanced and in ormed news andcurrent a airs programming has become more than a pro essional problem. Onepanelist surmised that the reason or the bias might be the screening o journalistsand employees. Te screening committee might have selected those who sharedsimilar political inclinations. One panellist added that no media organization was

ree rom political infuence. PBS was already an established organization andit did not question or challenge the system. It o ten went along with the powerholder.

Another panelist suggested that PBS was initiated as a response to the outcry o civil society and non-governmental organizations. As a result many news agendaand current a airs programmes were closely related to the campaign o some o

these non-governmental organizations. Tere was an observation rom anotherpanelist that among the nine Board members there were our representatives romnon-governmental organizations and two media experts. On the other hand, onepanelist argued that the news agenda rom civil society or non-governmentalorganizations had been a positive and important trend that put PBS aheado other television channels. Te panelist reiterated that civil society and non-governmental organizations are a signi cant part and parcel o the society.

Some panelists were o the opinion that the bias or imbalance in the news

programming o PBS comes rom the incompetency o journalists in the newsroom. Te main reason might have been the lack o experience and pro essional

Te Board o PBS has the dutyto protect the independence o theExecutive Committee, ExecutiveDirector and all employees rom any

political in uence.


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SECTOR 3


practice rather than a conspiracy. During the meeting in the newsroom, orexample, there would always be an evaluation o what went wrong. In mostcases the mistakes were due to incompetency and not intentional. Tere could not be any

inter erence or political infuence in thenewsroom.

One panelist suggested that because PBS operated on public unds and mustkeep up with high public expectations on its impartiality and open orum or allit should be sensitive on how to balance its news agenda and news space or allpolitical voices. PBS should try its utmost to keep its independence. It should notbe too pro-government without questioning.

Score sheet: 3.6






Average score: 3.7

3.7 The state/public broadcaster is adequatelyfunded in a manner that protects it from arbitraryinterference through its budget and from commercialpressure.

Analysis:

Te panelists only scored or the public broadcaster, Tai Public BroadcastingService ( PBS ), same as 3.4, 3.5 and 3.6.

Section 12 o the Tai PublicBroadcasting Service Act,B.E. 2551 (2008) prescribes

that the revenue o theorganization is derived rom1.5% o the excise tax o alcohol and cigarette, and

Te bias or imbalance in the newsagenda o PBS comes rom theincompetency o journalists in thenews room.

the revenue o the organization is derived rom 1.5% o the excise tax o alcohol and cigarette, and not to exceed the amount o 2,000 million baht annually, and the

Ministry o Finance is accountable or an increase in theorganizations revenue every three years in order or theorganization to operate with adequate unding to serveits objectives.


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not to exceed the amount o 2,000 million baht annually, and the Ministry o Finance is accountable or an increase in the organizations revenue every threeyears in order or the organization to operate with adequate unding to serve itsobjectives, with consideration on the annual infation and the changing mandate

o the organizationany excess in revenue over and above the maximum amountmust be return to the state

Te panelists debated the adequacy o the amount o 2,000 million baht earmarkedor PBS annually whether it was a limitation or a merit. One panelist said thatPBS was unded in a manner that protected it rom arbitrary inter erence

through its budget. Last year, PBS received over 2,000 million baht and so wasable to return approximately 200 million baht to the Ministry o Finance. Tebudget during the rst two years o operation was su cient andPBS spent someo the budget or the construction o its new o ces and studios.

PBS could not estimate the real costs o its operation so ar, said one panelist. But itwas on an equal standard with other privatechannels. Te salary o employees andexecutives were on the same level with othersin the industry. Another panelist added that the real guarantee rested with thepublic. I PBS were popular among viewers no government could inter ere withits budget or change the status o the organization.

Score sheet: 3.7






Average score: 4.0

I PBS were popular among viewers no government could inter ere with its budget or changethe status o the organization.


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3.8 The state/public broadcaster is technicallyaccessible in the entire country.

Analysis:Te panelists only scored or the public broadcaster, Tai Public BroadcastingService( PBS), same as 3.4, 3.5, 3.6 and 3.7.

Te panelists pointed out that the PBS channel reaches 90% o viewers aroundthe country. Tere are some blind spots, about 10%, in the mountainous area inthe North such as aak and Mae Hongson province. In any event, local cabletelevision services, satellite television and the Internet have been help ul in llingthese gaps.

Score sheet: 3.8






Average score: 4.0

3.9 The state/public broadcaster offers diverseprogramming formats for all interests.

Analysis:

Te panelists only scored or the public broadcaster, Tai Public BroadcastingService( PBS), same as 3.4, 3.5, 3.6, 3.7 and 3.8.

PBS channel broadcasts mostly news and talk programme. Te ratio o programecontent is as ollows; 40% news and in ormation, 30%

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