References: Article III, Section 3 of the Constitution of The Kingdom of Thailand 1997 states that:

A person shall enjoy the liberty to express his or her opinion, make speeches, write, print, publicize, and make expression by other means.

The closure of a pressing house or a radio or television station in deprivation of the liberty under this section shall not be made.

The censorship by a competent official of news or articles before their publication in a newspaper, printed matter or radio or television broadcasting shall not be made except during the time when the country is in a state of war or armed conflict, provided that it must be made by virtue of the law enacted under the provisions of paragraph two.

The owner of a newspaper or other mass media business shall be a Thai national as provided by law.

References: Article III, Section 3 of the Constitution of The Kingdom of Thailand 1997 states that:

A person shall enjoy the liberty to express his or her opinion, make speeches, write, print, publicize, and make expression by other means.

The restriction on liberty under paragraph one shall not be imposed except by virtue of the provisions of the law specifically enacted for the purpose of maintaining the security of the State, safeguarding the rights, liberties, dignity, reputation, family or privacy rights of other persons, maintaining public order or good morals or preventing the deterioration of the mind or health of the public.

References: Interview with a media representative of the Thai Journalists Association on September 10, 2007.

References: Section 10 of the Printing Act, 1941

www.ratchakitcha.soc.go.th

References: Interview with Police Captain, Pathra D., the government official of General Staff Division, Special Branch of The Royal Thai Police on September 10, 2007 Interview with an official from the Newspapers Asociation of Thailand (December 12, 2007)

References: Interview with Police Captain Pathra D., the government official of General Staff Division, Special Branch of The Royal Thai Police on September 10, 2007

PTV executives led several public protests against the junta's censorship. In a demonstration on March 23, 2007, attended by 1,500-3,000 protesters, thousands of police in riot gear attempted to disperse the protest.The protests caused the junta to request that the government declare emergency rule in Bangkok.

References: 1. Interview with a media representative of the Thai Broadcast Association

2. The Nation, PTV Says 'CAT Attack' Ruined Debut, March 2, 2007 The Nation, Full Gear Police Fail Again to End PTV Protest, March 23, 2007 3. [ LINK ]

References: Chapter IX, Section 65 of Telecommunications Business Act 2001states that:

In the case where the licensee is not satisfied with the order of the Secretary-General under Section 64, he or she shall have the right to appeal to the Commission within fifteen days as from the date of receiving such order. The decision of the Commission shall be final. [ LINK ]

References: Interview with a government official of the National Telecommunications Commission, September 10, 2007

References: Interview with a media representative of Thai Broadcast Association

Kraisorn Pornsuthee, ICT Permanent Secretary, said that Web sites and web boards will face permanent closure if such messages continue to appear, but that messages could be posted on web boards as long as they do not provoke any misunderstandings. The anti-coup website 19sep.org was shut down, but later relocated to the United States. The official Web site of the Thai Rak Thai party was also shut down.

2. On September 27, the ICT ministry confirmed that at least 10 Web sites were shut down for violating the junta's regulations.

3. The Midnight University Web site, a free scholarly resource and discussion board, was temporarily shut down after the management of Midnight University and scholars from Chiang Mai University conducted a protest against the junta's draft interim charter. Somkiat Tangnamo, the webmaster of Midnight University, claimed the site contained 1,500 free scholarly articles and received 2.5 million visits per month. Kasian Tejapira of Thammasat University claimed the website was "the foremost free and critical educational and public intellectual website in Thailand. The shutdown is not only a huge loss to academic and intellectual freedom in Thai society, but also the closure of a free forum for the contention of ideas so as to find a peaceful alternative to violent conflict in Thailand."

Kraisorn Pornsuthee, the ICT Ministry permanent secretary, said he did not know about the shutdown of the Web site and would ask for details from his officials.

4. In the second week after the coup, the Thai Rak Thai Web site was temporarily inaccessible, without indication if it was an act of censure or not. The Thaksin.com Web site used by Thaksin to receive mails and comments from his supporters and to promote himself was also inaccessible.

References: 1. The Nation, 19sep.org Shut Down, Sept. 22, 2006 2. Reporters Without Borders, open letter to interim Prime Minister Surayud Chulanont about press freedom violations

3. The Nation, Midnight University Website Shut Down After Protest, Oct. 1, 2006 4. The Nation, Thai Rak Thai Website Back Online, Oct. 4, 2006

References: 1. The Nation, 19sep.org Shut Down, Sept. 22, 2006 2. Reporters Without Borders, open letter to interim Prime Minister Surayud Chulanont about press freedom violations 3. The Nation, Midnight University Website Shut Down After Protest, Oct. 1, 2006 4. The Nation, Thai Rak Thai Website Back Online, Oct. 4, 2006

References: Chapter III , Section 3 of the Constitution of The Kingdom of Thailand 1997 states that:

A person shall enjoy the liberty to express his or her opinion, make speeches, write, print, publicize, and make expression by other means.

The closure of a pressing house or a radio or television station in deprivation of the liberty under this section shall not be made.

The censorship by a competent official of news or articles before their publication in a newspaper, printed matter or radio or television broadcasting shall not be made except during the time when the country is in a state of war or armed conflict, provided that it must be made by virtue of the law enacted under the provisions of paragraph two.

"The owner of a newspaper or other mass media business shall be a Thai national as provided by law.

Peer Review Comments: "In January 2007, many televisions had to resort to self-censorship when the CNS asked for "cooperation" with the national and privately owned television not to broadcast messages and statement from former Prime Minister Thaksin, the ousted Prime Minister and other Thai Rak Thai leaders for the sake of national solidarity." When a military government "requests" something, it is sounds to me very much like an order. [ LINK ]

References: Interview with Ms. Kratib, the political reporter of The Post Today Newspaper on September 10, 2007

Peer Review Comments: There have been numerous examples of pressures for self-censorship over the last year. See [ LINK ] for some examples.

References: 1. Interview with Ms.Kratib, the political reporter of The Post Today on September 10, 2007

2.Self-survey research at bookstores: Chulalongkorn University Bookstore, Thammasart Universities Bookstores and Se-Ed Bookstore

References: Section 10 of Printing Act 1941

References: Article II, Section 7 of Telecommunications Business Act states that:

Any person who intends to operate a telecommunications business in accordance with the nature and categories prescribed in notification of the Commission under the law on the organisations to assign radio-frequency spectrum and to regulate the sound broadcasting, television broadcasting and telecommunications services shall obtain a licence from the Commission.

There shall be three types of licence as follows:

(1) Type One Licence: being a licence granted to the telecommunications business operator who operates without his or her own network for telecommunications services which are deemed appropriate to be fully liberalized. The Commission shall grant a licence once notified by a person who intends to operate such business;

(2) Type Two Licence: being a licence granted to the telecommunications business operator who operates with or without his or her own network for telecommunications services intended for a limited group of people, or services with no significant impacts on free and fair competition or on public interest and consumers. The Commission shall grant a licence once a person who intends to operate such business has completely fulfilled the standard criteria prescribed in advance in notification of the Commission;

(3) Type Three Licence: being a licence granted to the telecommunications business operator who operates with his or her own network for telecommunications services intended for general public, or services which may cause a significant impact on free and fair competition or on public interest, or a service which requires special consumer protection. A person who intends to operate such business can commence the operation only after he or she is approved and granted a licence by the Commission.

The rights of Type One, Type Two or Type Three licensee to operate telecommunications business in which nature, categories and scope of service shall be in accordance with notification prescribed by the Commission, which shall be in conformity with the nature of telecommunications business for each type of licence under paragraph two. In issuing such notification, the Commission shall also have regard to the development of diverse telecommunications services and fairness among the operators.

In applying for a licence, the applicant shall specify type of the licence he or she requires as well as the nature or categories of telecommunications service he or she intends to operate. Should the operator intend to provide additional service of different nature or categories after the licence is granted, he or she shall inform the Commission prior to the commencement of the operation. In such case, the Commission may prescribe certain conditions the operator has to fulfill.

References: 1 www.tja.or.th and www.thaibja.org

2. Interview by phone with Ms. Kratib, a political reporter of The Post Today Newspaper on September 12, 2007

References: 1. Survey results of ABAC Poll www.abacpoll.com

2. The Nation, Poll Finds TRT Gets Quantity and Quality in Live News Time, Sept. 4, 2006 [ LINK ]

References: 1. Survey results conducted by ABAC Poll www.abacpoll.com

2. The Nation, Poll Finds TRT Gets Quantity and Quality in Live News Time, Sept. 4, 2006 [ LINK ]

Samak Sundaravej and Dusit Siriwan, the hosts of This Morning in Thailand on public television Channel 5, were sued by Samart for claiming on two different programmes in January 2006 that he accepted bribes from a construction company. Finding them guilty of slander, the judge said they did not verify their information. Samak, a former Bangkok governor, and Dusit, a former senator, are both supporters of deposed Prime Minister Thaksin Shinawatra.

The two have paid bail of 200,000 bahts (4,530 euros; US$6,600) to avoid going to jail while they appeal. The court also ordered them to pay for the publication of an apology in the country's leading national daily for three days in a row. Samart is also demanding 100 million bahts (about 2 million euros; about US$3,300,000) in damages.

References: www.rsf.org (Reporters without Borders)

References: 1. Review from newspapers Matichon, Bangkok Post and The Nation 2. Interview by phone with Ms.Kratib, a political reporter of The Post Today Newspaper, Sept. 12, 2007.

References: 1. Newspapers Matichon, Bangkok Post and The Nation 2. Phone interview with Ms.Kratib, a political journalist of The Post Today on Sept. 12, 2007