Referendum: What you can and can’t do

The newly reported rules governing public campaigning are oddly strict whether you are for or against the draft charter. Simply put, you are free to decide whether you like it or not, but there are only a few things you can do to encourage others to feel the same. Here’s my best effort to clear up the puzzles, but keep in mind that certain rules remain subject to change or “wiggle room”:

What are the key rules?

The Election Commission (EC) is responsible for organising the referendum. A copy of the charter draft will be sent to voters, who should read both the document and the list of pros and cons attached. You can make your judgement based on that information as well as what’s said during EC-organised public forums. Campaigning deemed by the authorities to be coercive, intimidatory or “likely to create disturbances” is prohibited, whether for or against the draft. 

Can I wear a T-shirt that says “I hate the charter draft”?

Yes, but only at home. And you have to make it yourself because nobody will be allowed to sell it. The same goes for an “I’ll vote for the draft” T-shirt.

Can I comment on Facebook about how “bad” or “good” the draft is?

Yes, on the condition that you don’t get too emotional, have only three friends or so and are certain none of them will “share” your comment with scores or hundreds more. Things could get risky if you get passionate to the point where authorities might deem you a “cause of disturbance”.

Which prompts the question, what are the limits of “passionate”? Can you say, “This charter draft will take Thailand to heights we could only dream of under our flawed democracy”? Or, “This draft will send Thailand back to the dark ages”? I’m certain either is okay – as long as you don’t add, “I’ll kill myself if people think otherwise.”

The many “keyboard warriors” out there are certain to test our military rulers’ resolve concerning online campaigns. And I doubt the government has the manpower to monitor what millions of people are saying online. Having said that, I acknowledge that defiance can come with a price. 

What’s the safest way to criticise or praise the draft, then?

You do it at forums organised by the Election Commission, which is expected to hold plenty of panel discussions around the country. An official decision is pending on whether the media can host similar forums. 

What’s the difference between an EC forum and your YouTube channel?

This is the most contentious point and I won’t pretend that I know the exact answer. There may be differences that I don’t know of, but in my book, whatever you can say at an EC forum you should be able to be say in the comfort of your home and upload to the Net.

You may also be wondering if you can upload pro- or anti-draft remarks made at EC forums to your YouTube channel or Facebook page or share them with your LINE friends. My take is that you can, but you shouldn’t be “selective” about it. In other words, if you share five minutes of someone’s statement while ignoring 20 minutes of counter-arguments made at the same forum, and you do so repeatedly to the point where the authorities might sense a “pattern” in what you’re doing, you may be in trouble.

What can I really do then?

If you believe democracy is merely voting according to your conscience, you aren’t much affected by the stringent pre-referendum rules. Just read the charter draft copy when it’s mailed to you, form your opinion and vote accordingly in August. But if you think democracy should also permit you to persuade others to follow your thinking, the prelude to the referendum will be annoying at best and dictatorial at worst.

If it makes you feel any better, the constraints apply even to those who penned the charter draft. A decision is being made on whether they should be given more freedom to speak out to defend what they have written.

How can this be a democratic referendum?

It’s born of a coup, to begin with, so we can say whatever we like while Prime Minister Prayut Chan-o-cha will insist it is as democratic as it can be, under the circumstances.

Your political leanings will also likely sway the answer to that question.

I’m willing to take my chances – is there anything I can do to campaign for or against the draft?

Go back to the very beginning of this article and ponder the falling tree question. In my reckoning, for a “sound” to exist requires both vibration and receiver (ears). Without ears to hear it, the vibration will merely echo in empty space. My point is, you can try to reach out while at the same time hoping that authorities deem you a falling tree heard by no one. Just be careful: it’s no secret that there are ears all around you.