The Civil Court decided that part of Notification issued under the Emergency Decree deprives right and freedom of expression
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As it became known to the public that, on 29 July 2021, the Thai Prime Minister released the Notification issued under Section 9 of the Emergency Decree on Public Administration in Emergency Situations B.E. 2548 (2005) (No. 29) (“Notification”) which has been widely criticized among Thai people whether such Notification is in contrary to the Constitution of the Kingdom of Thailand (the “Constitution”).
The petition has been brought to the Court in order to revoke the enforcement of the Notification since it deprives the rights and freedom of expression of Thai people. On 6 August 2021, the Court conducted the preliminary hearing of such motion and examined as follows:
- Clause 1 of the Notification which prohibits the dissemination of information having a risk of frightening people is beyond the term “misrepresentation” and deprives right and freedom of expression given by the Constitution.
- The term “information having a risk frightening people” is also ambiguous which may lead to a broad interpretation. As a result, those who works in the media industry will unreluctantly express their opinion which is in contrast to the freedom protected by the Constitution.
- Clause 2 of the Regulation which authorizes the National Broadcasting and Telecommunications Commission (“NBTC”) to suspend internet services of IP address of those who have disseminated the information in contrast to the Notification is incompatible with Article 36 of paragraph 1 of the Constitution.
As a result, the Court granted a temporary restraining order to suspend the enforcement of those two Clauses of the Regulation which results in cancelation of the Regulation on 10 August 2021.
Legal Insight Vol. August 2021 of Bangkok Global Law
The PDF file can be downloaded via the link as set below.