Charter drafters to ban 'hate speech'

The constitution Drafting Committee (CDC) yesterday agreed to make hate speech illegal, citing the need to curb the exercise of freedom of expression that creates social divisions in society and hatred among citizens.
Restrictions on hate speech will be imposed on all media, including social media, the CDC concluded.
The committee acknowledged that in recent years all forms of media – cable and satellite television, radio, print, the Internet and online social media – had been used by various groups as tools to stir hatred against their political rivals. As a result, the country had been caught in a political quagmire.
CDC spokesman Kamnoon Sidhisamarn told reporters yesterday: “The restrictions on freedom of expression will encompass all types of media, including online social media, because hate speech has been the root cause of social conflict [in the country]. Hence it is necessary to have laws and regulations to contain the problem.”
Kamnoon also said the charter drafters had tried to strike a balance between protecting citizens’ freedom of expression and ensuring that society is protected from conflicts caused by hate speech.
The charter drafters, however, have left for a later date the definition of “hate speech”, the CDC spokesman said.
The article states that individuals enjoy freedom of expression in speech, writing or other means. However, freedom of expression must be used within legal limits and could be curbed if it threatened national security or other individuals’ rights, liberty, honour or fame, so as to uphold peace, order and morality among citizens, and to prevent the degradation of citizens’ morality or health, and to prevent sowing hatred among citizens or through various religious beliefs that result in violence.
CDC also concluded that cross-media ownership and owning more than one distinct media outlet would be allowed under the new constitution, although owners cannot exercise undue influence over editorial content.
The charter drafters argued that cross-media ownership and owning different and distinct media outlets was normal but acknowledged possible problems when it comes to media domination. However, a single shareholder cannot hold more than 30 per cent of the shares of a single media firm.
Though the CDC resolved to guarantee freedom of press, it also decided to grant power to the state to censor mass media in times of war. In a state of war, mass media can be reviewed before its content can be published, broadcast or disseminated.
Media owners must also be Thai citizens, they said, and political office holders will be barred from directly or indirectly owning media or holding shares in media organisations.
The state will also be barred from giving money or other property in support of private media corporations although buying advertisements or other products can be done under proper state regulations.
The charter drafters yesterday also amended the article on citizens’ property rights. Much of the discussion was on the calculation of compensation that the government is obliged to pay property owners to expropriate land. They concluded that a clearer calculation method was required and that the property’s value must be appraised based on market prices rather than official estimates.
The article stated that a citizen’s property rights must be protected. However, the usage of a property must take into consideration public as well as individual benefits, while limits on property rights must be within the law.
The CDC also approved an article on “citizen rights in marriage”, which requires that there must be mutual consent for a marriage to be legal, in effect making forced marriages illegal.