FRIDAY, March 29, 2024
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Rights advocates petition court against latest EC announcement

Rights advocates petition court against latest EC announcement

Group iLaw also want EC's TV show draft charter and related campaign cancelled.

THE GROUP Internet Law Reform Dialogue (iLaw) and its allies filed a complaint with the Supreme Administrative Court yesterday, asking it to consider revoking the Election Commission’s (EC) announcement on regulations over expressing opinion on the upcoming referendum. 
It also asked the court to place an injunction on the implementation of the announcement as well as the EC’s TV programme disseminating information on the draft charter and its campaign on the plebiscite. 
The petition for an injunction on the two actions taken by the EC is allowed under Article 66 of the Administrative Court and Procedure Act to help alleviate immediate issues when the trial process is ongoing.
The group, led by iLaw’s director, Jon Ungphakorn, said that with the August 7 referendum on the draft charter fast approaching, the court should consider suspending the announcement as well as the TV show immediately, so voters can receive information from different sources ahead of the poll. 
The EC’s announcement provides guidelines on what is permitted and what is prohibited ahead of the referendum, including a ban on people wearing shirts, badges, pins, ribbons, flags or signs that may influence voters. The ban also covers the distribution of such items as could be construed as moves to incite violence. 
The announcement supplements Article 61 of the Referendum Law, which the Constitutional Court found constitutional last week in response to a petition filed by the same group in May questioning its legality. 
Yesterday the petitioners said the announcement was unlawful, as it comprises content that can be deemed as violating democratic principles and international obligations that Thailand has agreed to. Most importantly, they say, it affects the very essence of freedom of expression under a democratic regime. They also said that the announcement was unclear and the guidelines provided imposed tight restrictions that do not protect public interests. 
They said that if the announcement were implemented, it would impede the referendum from fulfilling its true purpose, prompting the vote to lose its legitimacy and hence impact political stability and social order in the future. 
As for the EC-sponsored TV programme, the group said that not enough opposition voices were featured, which allowed charter supporters to gain an advantage. Hence, they said, the show should be taken off the air until more opposition voices were given an equal chance to speak. 
Apart from iLaw, the petition is supported by 12 other civil society groups, academics, and individuals, namely the Association of the People’s Rights and Freedom, pro-democracy law expert Ekachai Chainuvati, rights and peace advocate Sriprapa Petchmeesri, pro-democracy activist Chanoknan Ruamsap and political scientist Prapas Pintobtang.
Meanwhile, EC’s Somchai Srisuthiyakorn responded to iLaw by asking if the group would accept the court’s decision if it refuses to accept the case or rules against it. He added that the EC would willingly withdraw the announcement if ordered by court to do so. 
“Will iLaw accept the ruling? Or will it continue resisting such as when the Constitutional Court ruled that Article 61 was not unconstitutional as they alleged?” Somchai asked. “Or do all courts have to rule in line with their preference for them to accept it?”
The commissioner also refuted the group’s allegations against the Referendum Law and the EC’s announcement, saying the agency did not prohibit the wearing of shirts, flags or brooches unless they carry messages that aim to incite violence.
As for EC’s allegedly biased TV show on the charter, Somchai said each TV station is free to have people with different stances to voice their opinions on the show, insisting that the commission was impartial. 
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