Charter drafters delete hate-speech restriction

THURSDAY, JANUARY 22, 2015
Charter drafters delete hate-speech restriction

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

Kamnoon said the phrases “or to prevent hatred among people in the country and people of different religions or to use violence against each other’’ would be cut from chapter two, entitled “the People”.
The phrases might also be removed from other provisions that carried hate-speech content, he said.
He said the CDC reviewed the hate-speech restriction following calls from the media that it might result in its freedom of expression being impinged upon.
Kamnoon dismissed concerns by some charter drafters that removing the restriction would allow a legal loophole for foreign media or foreigners to publicise hate speech, which may lead to a security threat.
He said freedom of expression must be in line with Provision 14 on human rights that stipulated freedom of expression must be restricted for the sake of national security, to preserve and protect rights, liberty, honour and the reputation of people, and to keep peace and order.
The CDC is deciding how to deal with people who disseminate hate speech from abroad, he said.
In another development yesterday, the CDC decided that the National Anti-Corruption Commission must rewrite its amendment to the anti-graft bill so that it complied with the new charter and the United Nations Convention against Corruption, a source said.
The amendment, a provision designed to increase the graft agency’s power and investigative efficiency, states that the Supreme Court’s Criminal Division for Political Office Holders has the right to check asset declarations made by the PM, MPs and senators.
But under the new charter draft proposed that the Court of Appeals and the Regional Court of Appeals have that responsibility.
The National Legislative Assembly, the National Reform Committee and the CDC agreed to suspend the rewrite until after the new charter is completed so the anti-graft law conforms with the top law.
The rewriting of the anti-graft law so it complies with the UNCAC can proceed.
The NACC was also asked to review its amendment to the ban on political office holders and local administrative officials for life if they were found guilty of filing a false asset declaration, as it could be too harsh given the current five-year penalty.