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IntroductionIntroduction A case study, the legal and general issue of PSB in Thailand, illustrates how the law has been used as an instrument for the

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Page 1: IntroductionIntroduction A case study, the legal and general issue of PSB in Thailand, illustrates how the law has been used as an instrument for the
Page 2: IntroductionIntroduction A case study, the legal and general issue of PSB in Thailand, illustrates how the law has been used as an instrument for the

IntroductionIntroductionIntroductionIntroduction

AA case study, the legal and general issue ofcase study, the legal and general issue of PSB in Thailand, illustrates how the law PSB in Thailand, illustrates how the law has been used as an instrument for the state has been used as an instrument for the state agencies to manipulate the broadcasting agencies to manipulate the broadcasting industry for about 50 years. It also spells industry for about 50 years. It also spells out how the constitution and its organic out how the constitution and its organic

AA case study, the legal and general issue ofcase study, the legal and general issue of PSB in Thailand, illustrates how the law PSB in Thailand, illustrates how the law has been used as an instrument for the state has been used as an instrument for the state agencies to manipulate the broadcasting agencies to manipulate the broadcasting industry for about 50 years. It also spells industry for about 50 years. It also spells out how the constitution and its organic out how the constitution and its organic

Page 3: IntroductionIntroduction A case study, the legal and general issue of PSB in Thailand, illustrates how the law has been used as an instrument for the

IntroductionIntroductionIntroductionIntroduction

laws have beenlaws have been enactedenacted to to liberalize the national liberalize the national broadcasting policies as well as to broadcasting policies as well as to reshape the whole broadcasting reshape the whole broadcasting and telecommunication structure and telecommunication structure in order to serve the "public in order to serve the "public interest" at national and local interest" at national and local levels.levels.

laws have beenlaws have been enactedenacted to to liberalize the national liberalize the national broadcasting policies as well as to broadcasting policies as well as to reshape the whole broadcasting reshape the whole broadcasting and telecommunication structure and telecommunication structure in order to serve the "public in order to serve the "public interest" at national and local interest" at national and local levels.levels.

Page 4: IntroductionIntroduction A case study, the legal and general issue of PSB in Thailand, illustrates how the law has been used as an instrument for the

UU ndernder the present Constitution the present Constitution and its and its organic laws, a new organic laws, a new independentindependent broadcasting regulator is to be broadcasting regulator is to be set up to set up to reallocate and manage all reallocate and manage all existing radioexisting radio frequencies for public interest, frequencies for public interest, resulting resulting in the emergence of an ideal in the emergence of an ideal PSB in the PSB in the country. Unfortunately, owing country. Unfortunately, owing to someto some

UU ndernder the present Constitution the present Constitution and its and its organic laws, a new organic laws, a new independentindependent broadcasting regulator is to be broadcasting regulator is to be set up to set up to reallocate and manage all reallocate and manage all existing radioexisting radio frequencies for public interest, frequencies for public interest, resulting resulting in the emergence of an ideal in the emergence of an ideal PSB in the PSB in the country. Unfortunately, owing country. Unfortunately, owing to someto some

IntroductionIntroductionIntroductionIntroduction

Page 5: IntroductionIntroduction A case study, the legal and general issue of PSB in Thailand, illustrates how the law has been used as an instrument for the

legal loopholes and conflict of legal loopholes and conflict of interests, the establishment of a interests, the establishment of a broadcasting regulator, the broadcasting regulator, the National Broadcasting National Broadcasting Commission (NBC), has been long Commission (NBC), has been long delayed together with the delayed together with the enactment of the second organic enactment of the second organic law, thus plunging the revolution law, thus plunging the revolution of the broadcasting industry into of the broadcasting industry into chaotic situations.chaotic situations.

legal loopholes and conflict of legal loopholes and conflict of interests, the establishment of a interests, the establishment of a broadcasting regulator, the broadcasting regulator, the National Broadcasting National Broadcasting Commission (NBC), has been long Commission (NBC), has been long delayed together with the delayed together with the enactment of the second organic enactment of the second organic law, thus plunging the revolution law, thus plunging the revolution of the broadcasting industry into of the broadcasting industry into chaotic situations.chaotic situations.

IntroductionIntroductionIntroductionIntroduction

Page 6: IntroductionIntroduction A case study, the legal and general issue of PSB in Thailand, illustrates how the law has been used as an instrument for the

TThailand has only one law to hailand has only one law to regulate theregulate the whole broadcasting industry. whole broadcasting industry. This law isThis law is quite old (about 50 years old) quite old (about 50 years old) and and obsolete. The existing obsolete. The existing Broadcasting Act Broadcasting Act 1955 (with fourth amendment 1955 (with fourth amendment in 1987) hasin 1987) has made all the broadcasting made all the broadcasting industry underindustry under control of state agencies, control of state agencies, notably thenotably the Defense Ministry, the Public Defense Ministry, the Public Relations Relations Department, the Mass Department, the Mass Communications Communications Organization of Thailand, the Organization of Thailand, the NationalNational Police Bureau etc. Police Bureau etc.

TThailand has only one law to hailand has only one law to regulate theregulate the whole broadcasting industry. whole broadcasting industry. This law isThis law is quite old (about 50 years old) quite old (about 50 years old) and and obsolete. The existing obsolete. The existing Broadcasting Act Broadcasting Act 1955 (with fourth amendment 1955 (with fourth amendment in 1987) hasin 1987) has made all the broadcasting made all the broadcasting industry underindustry under control of state agencies, control of state agencies, notably thenotably the Defense Ministry, the Public Defense Ministry, the Public Relations Relations Department, the Mass Department, the Mass Communications Communications Organization of Thailand, the Organization of Thailand, the NationalNational Police Bureau etc. Police Bureau etc.

Legal Basis for the PSB Legal Basis for the PSB

Page 7: IntroductionIntroduction A case study, the legal and general issue of PSB in Thailand, illustrates how the law has been used as an instrument for the

TThe Post and Telegraph he Post and Telegraph Department underDepartment under the Ministry of Communications the Ministry of Communications has has been entrusted with the been entrusted with the responsibilityresponsibility for assigning radio frequencies for assigning radio frequencies to allto all state agencies concerned, state agencies concerned, while thewhile the National Broadcasting National Broadcasting Committee under Committee under the Public Relations the Public Relations Department hasDepartment has been in charge of overseeing been in charge of overseeing thethe operation of the broadcasting operation of the broadcasting industry,industry, particularly its programming. particularly its programming.

TThe Post and Telegraph he Post and Telegraph Department underDepartment under the Ministry of Communications the Ministry of Communications has has been entrusted with the been entrusted with the responsibilityresponsibility for assigning radio frequencies for assigning radio frequencies to allto all state agencies concerned, state agencies concerned, while thewhile the National Broadcasting National Broadcasting Committee under Committee under the Public Relations the Public Relations Department hasDepartment has been in charge of overseeing been in charge of overseeing thethe operation of the broadcasting operation of the broadcasting industry,industry, particularly its programming. particularly its programming.

Legal Basis for the PSB Legal Basis for the PSB

Page 8: IntroductionIntroduction A case study, the legal and general issue of PSB in Thailand, illustrates how the law has been used as an instrument for the

TThus, the frequency allocation hus, the frequency allocation andand broadcasting management in broadcasting management in ThailandThailand have been so far centralized and have been so far centralized and manipulated by a small number manipulated by a small number ofof high-ranking officials. It has high-ranking officials. It has often beenoften been criticized whether such criticized whether such procedures haveprocedures have been carried out for public been carried out for public interest or forinterest or for some other interest groups. some other interest groups.

TThus, the frequency allocation hus, the frequency allocation andand broadcasting management in broadcasting management in ThailandThailand have been so far centralized and have been so far centralized and manipulated by a small number manipulated by a small number ofof high-ranking officials. It has high-ranking officials. It has often beenoften been criticized whether such criticized whether such procedures haveprocedures have been carried out for public been carried out for public interest or forinterest or for some other interest groups. some other interest groups.

Legal Basis for the PSB Legal Basis for the PSB

Page 9: IntroductionIntroduction A case study, the legal and general issue of PSB in Thailand, illustrates how the law has been used as an instrument for the

SSince all radio and television ince all radio and television stations arestations are owned by the state and financed owned by the state and financed in part byin part by the government budget, they the government budget, they naturally havenaturally have some obligations to provide some obligations to provide "public service" "public service" programs to the audiences. The programs to the audiences. The Army'sArmy's broadcasting network is broadcasting network is considered essentialconsidered essential for national security while the for national security while the MCOT'sMCOT's network, a state enterprise, is network, a state enterprise, is said tosaid to provide a knowledge-based provide a knowledge-based program for theprogram for the public. public.

SSince all radio and television ince all radio and television stations arestations are owned by the state and financed owned by the state and financed in part byin part by the government budget, they the government budget, they naturally havenaturally have some obligations to provide some obligations to provide "public service" "public service" programs to the audiences. The programs to the audiences. The Army'sArmy's broadcasting network is broadcasting network is considered essentialconsidered essential for national security while the for national security while the MCOT'sMCOT's network, a state enterprise, is network, a state enterprise, is said tosaid to provide a knowledge-based provide a knowledge-based program for theprogram for the public. public.

Legal Basis for the PSB Legal Basis for the PSB

Page 10: IntroductionIntroduction A case study, the legal and general issue of PSB in Thailand, illustrates how the law has been used as an instrument for the

Legal Basis for the PSB Legal Basis for the PSB

OOf all, the PRD's broadcasting f all, the PRD's broadcasting network, network, the oldest in the country, has the oldest in the country, has been wellbeen well distinguished as the public distinguished as the public serviceservice broadcasting system, even broadcasting system, even though it hasthough it has been subjected to political been subjected to political interferenceinterference from time to time and often from time to time and often labeled as alabeled as a "government spokesman". But "government spokesman". But that is athat is a common characteristic of all common characteristic of all statestate broadcasters across Asia and broadcasters across Asia and Pacific.Pacific.

OOf all, the PRD's broadcasting f all, the PRD's broadcasting network, network, the oldest in the country, has the oldest in the country, has been wellbeen well distinguished as the public distinguished as the public serviceservice broadcasting system, even broadcasting system, even though it hasthough it has been subjected to political been subjected to political interferenceinterference from time to time and often from time to time and often labeled as alabeled as a "government spokesman". But "government spokesman". But that is athat is a common characteristic of all common characteristic of all statestate broadcasters across Asia and broadcasters across Asia and Pacific.Pacific.

Page 11: IntroductionIntroduction A case study, the legal and general issue of PSB in Thailand, illustrates how the law has been used as an instrument for the

TThe new concept of PSB has he new concept of PSB has become become popularized in Thailand in popularized in Thailand in recent years recent years as a result of the promulgation as a result of the promulgation of the newof the new Constitution in the year 1997. Constitution in the year 1997. The 1997 The 1997 Constitution was aimed at Constitution was aimed at bringing aboutbringing about political reforms in the country political reforms in the country through through decentralization process. decentralization process.

TThe new concept of PSB has he new concept of PSB has become become popularized in Thailand in popularized in Thailand in recent years recent years as a result of the promulgation as a result of the promulgation of the newof the new Constitution in the year 1997. Constitution in the year 1997. The 1997 The 1997 Constitution was aimed at Constitution was aimed at bringing aboutbringing about political reforms in the country political reforms in the country through through decentralization process. decentralization process.

Emergence of an "Ideal" Emergence of an "Ideal" PSBPSBEmergence of an "Ideal" Emergence of an "Ideal" PSBPSB

Page 12: IntroductionIntroduction A case study, the legal and general issue of PSB in Thailand, illustrates how the law has been used as an instrument for the

Of particular importance to the Of particular importance to the communication media sector, communication media sector, the Constitution guarantees a the Constitution guarantees a wide range of press freedom, wide range of press freedom, promotes an ethical standard promotes an ethical standard of media professionalism and of media professionalism and liberalizes a regulatory system liberalizes a regulatory system of the broadcasting and of the broadcasting and telecommunication industry. telecommunication industry.

Of particular importance to the Of particular importance to the communication media sector, communication media sector, the Constitution guarantees a the Constitution guarantees a wide range of press freedom, wide range of press freedom, promotes an ethical standard promotes an ethical standard of media professionalism and of media professionalism and liberalizes a regulatory system liberalizes a regulatory system of the broadcasting and of the broadcasting and telecommunication industry. telecommunication industry.

Emergence of an "Ideal" Emergence of an "Ideal" PSBPSBEmergence of an "Ideal" Emergence of an "Ideal" PSBPSB

Page 13: IntroductionIntroduction A case study, the legal and general issue of PSB in Thailand, illustrates how the law has been used as an instrument for the

OOf particular relevance to PSB, f particular relevance to PSB, the newthe new Constitution calls for a Constitution calls for a reallocation of allreallocation of all existing radio frequencies in existing radio frequencies in order to serveorder to serve the "public interest" at all the "public interest" at all levels. Articlelevels. Article 40 of the Constitution stipulates 40 of the Constitution stipulates that:that:

"All radio frequencies used "All radio frequencies used forfor broadcasting and television broadcasting and television services areservices are national resources to be utilized national resources to be utilized for publicfor public interest. interest.

OOf particular relevance to PSB, f particular relevance to PSB, the newthe new Constitution calls for a Constitution calls for a reallocation of allreallocation of all existing radio frequencies in existing radio frequencies in order to serveorder to serve the "public interest" at all the "public interest" at all levels. Articlelevels. Article 40 of the Constitution stipulates 40 of the Constitution stipulates that:that:

"All radio frequencies used "All radio frequencies used forfor broadcasting and television broadcasting and television services areservices are national resources to be utilized national resources to be utilized for publicfor public interest. interest.

Emergence of an "Ideal" Emergence of an "Ideal" PSBPSBEmergence of an "Ideal" Emergence of an "Ideal" PSBPSB

Page 14: IntroductionIntroduction A case study, the legal and general issue of PSB in Thailand, illustrates how the law has been used as an instrument for the

An independent regulatory An independent regulatory body must be set up to allocate the body must be set up to allocate the radio frequencies as wellradio frequencies as wellas to supervise the management of as to supervise the management of bothbothbroadcasting and broadcasting and telecommunicationtelecommunicationservices. Such undertakings as services. Such undertakings as said abovesaid abovemust take into consideration the must take into consideration the utmostutmostbenefits of people at national and benefits of people at national and local levelslocal levelsin the areas of education, culture, in the areas of education, culture, nationalnationalsecurity, and other public services,security, and other public services,including free and fair including free and fair competition."competition."

Emergence of an "Ideal" Emergence of an "Ideal" PSBPSBEmergence of an "Ideal" Emergence of an "Ideal" PSBPSB

Page 15: IntroductionIntroduction A case study, the legal and general issue of PSB in Thailand, illustrates how the law has been used as an instrument for the

TThus, Article 40 provides a legal hus, Article 40 provides a legal frameworkframework for establishment of an ideal PSB for establishment of an ideal PSB inin Thailand. Under this article, two Thailand. Under this article, two organicorganic laws are required to be enacted laws are required to be enacted by theby the Parliament. The first organic law, Parliament. The first organic law, namelynamely the Organization for Frequency the Organization for Frequency AllocationAllocation and Management Act, had been and Management Act, had been passed bypassed by the Parliament in 2000. It the Parliament in 2000. It provides aprovides a guideline for setting up two guideline for setting up two separateseparate regulators; one for broadcasting, regulators; one for broadcasting, and theand the other for telecommunication. other for telecommunication.

TThus, Article 40 provides a legal hus, Article 40 provides a legal frameworkframework for establishment of an ideal PSB for establishment of an ideal PSB inin Thailand. Under this article, two Thailand. Under this article, two organicorganic laws are required to be enacted laws are required to be enacted by theby the Parliament. The first organic law, Parliament. The first organic law, namelynamely the Organization for Frequency the Organization for Frequency AllocationAllocation and Management Act, had been and Management Act, had been passed bypassed by the Parliament in 2000. It the Parliament in 2000. It provides aprovides a guideline for setting up two guideline for setting up two separateseparate regulators; one for broadcasting, regulators; one for broadcasting, and theand the other for telecommunication. other for telecommunication.

Emergence of an "Ideal" Emergence of an "Ideal" PSBPSBEmergence of an "Ideal" Emergence of an "Ideal" PSBPSB

Page 16: IntroductionIntroduction A case study, the legal and general issue of PSB in Thailand, illustrates how the law has been used as an instrument for the

BBoth the National Broadcasting oth the National Broadcasting CommissionCommission (NBC) and the National (NBC) and the National Telecommunications Telecommunications Commission (NTC) Commission (NTC) are to be composed of 7 are to be composed of 7 members each formembers each for a six year term. They are a six year term. They are entrusted with aentrusted with a major responsibility for drawing major responsibility for drawing up aup a "master plan", allocating radio "master plan", allocating radio frequenciesfrequencies and supervising all broadcasting and supervising all broadcasting andand telecommunication operations telecommunication operations etc.etc.

BBoth the National Broadcasting oth the National Broadcasting CommissionCommission (NBC) and the National (NBC) and the National Telecommunications Telecommunications Commission (NTC) Commission (NTC) are to be composed of 7 are to be composed of 7 members each formembers each for a six year term. They are a six year term. They are entrusted with aentrusted with a major responsibility for drawing major responsibility for drawing up aup a "master plan", allocating radio "master plan", allocating radio frequenciesfrequencies and supervising all broadcasting and supervising all broadcasting andand telecommunication operations telecommunication operations etc.etc.

Emergence of an "Ideal" Emergence of an "Ideal" PSBPSBEmergence of an "Ideal" Emergence of an "Ideal" PSBPSB

Page 17: IntroductionIntroduction A case study, the legal and general issue of PSB in Thailand, illustrates how the law has been used as an instrument for the

TThe second organic law, the he second organic law, the BroadcastingBroadcasting Operation Act, is being screened Operation Act, is being screened by theby the government agencies concerned government agencies concerned and isand is expected to be approved by the expected to be approved by the ParliamentParliament in the near future. Once passed, in the near future. Once passed, thethe Broadcasting Operation Act will Broadcasting Operation Act will lay downlay down guidelines for setting up and guidelines for setting up and operating aoperating a PSB as well as commercial and PSB as well as commercial and communitycommunity broadcasting systems in broadcasting systems in Thailand. Thailand.

Emergence of an "Ideal" Emergence of an "Ideal" PSBPSBEmergence of an "Ideal" Emergence of an "Ideal" PSBPSB

Page 18: IntroductionIntroduction A case study, the legal and general issue of PSB in Thailand, illustrates how the law has been used as an instrument for the

Emergence of an "Ideal" Emergence of an "Ideal" PSBPSBEmergence of an "Ideal" Emergence of an "Ideal" PSBPSB

Most importantly, this second organic law is intended to replace the long-existing Broadcasting Act 1955, thus breaking down all traditional administrative procedures of Thai broadcasting operations.

Most importantly, this second organic law is intended to replace the long-existing Broadcasting Act 1955, thus breaking down all traditional administrative procedures of Thai broadcasting operations.

Page 19: IntroductionIntroduction A case study, the legal and general issue of PSB in Thailand, illustrates how the law has been used as an instrument for the

TThe first organic law clearly states he first organic law clearly states that athat a "master plan" is drawn up by "master plan" is drawn up by NBC toNBC to cover content in the following cover content in the following areas:areas:

1. Education, religion, arts, 1. Education, religion, arts, and cultureand culture

2. Science, technology, and 2. Science, technology, and environmentenvironment

3. Agriculture and promotion 3. Agriculture and promotion of otherof other occupations occupations

4. National security4. National security

TThe first organic law clearly states he first organic law clearly states that athat a "master plan" is drawn up by "master plan" is drawn up by NBC toNBC to cover content in the following cover content in the following areas:areas:

1. Education, religion, arts, 1. Education, religion, arts, and cultureand culture

2. Science, technology, and 2. Science, technology, and environmentenvironment

3. Agriculture and promotion 3. Agriculture and promotion of otherof other occupations occupations

4. National security4. National security

Emergence of an "Ideal" Emergence of an "Ideal" PSBPSBEmergence of an "Ideal" Emergence of an "Ideal" PSBPSB

Page 20: IntroductionIntroduction A case study, the legal and general issue of PSB in Thailand, illustrates how the law has been used as an instrument for the

5. Redistribution of 5. Redistribution of information to promote an information to promote an understanding between understanding between government and citizensgovernment and citizens

6. Redistribution of 6. Redistribution of information for the Parliament to information for the Parliament to promote a good understanding promote a good understanding between the public and the between the public and the ParliamentParliament

7. Redistribution of 7. Redistribution of information to publicize and information to publicize and educate the public about a educate the public about a democratic form of government democratic form of government under a monarchy as head of under a monarchy as head of state.state.

5. Redistribution of 5. Redistribution of information to promote an information to promote an understanding between understanding between government and citizensgovernment and citizens

6. Redistribution of 6. Redistribution of information for the Parliament to information for the Parliament to promote a good understanding promote a good understanding between the public and the between the public and the ParliamentParliament

7. Redistribution of 7. Redistribution of information to publicize and information to publicize and educate the public about a educate the public about a democratic form of government democratic form of government under a monarchy as head of under a monarchy as head of state.state.

Emergence of an "Ideal" Emergence of an "Ideal" PSBPSBEmergence of an "Ideal" Emergence of an "Ideal" PSBPSB

Page 21: IntroductionIntroduction A case study, the legal and general issue of PSB in Thailand, illustrates how the law has been used as an instrument for the

TTo fulfill these objectives, the o fulfill these objectives, the organic laworganic law requires that at least 20 requires that at least 20 percent of thepercent of the radio frequencies are reserved radio frequencies are reserved forfor community radio, while the rest community radio, while the rest (80(80 percent) is shared between percent) is shared between nationalnational public service broadcasting and public service broadcasting and

commercial broadcasting. commercial broadcasting.

TTo fulfill these objectives, the o fulfill these objectives, the organic laworganic law requires that at least 20 requires that at least 20 percent of thepercent of the radio frequencies are reserved radio frequencies are reserved forfor community radio, while the rest community radio, while the rest (80(80 percent) is shared between percent) is shared between nationalnational public service broadcasting and public service broadcasting and

commercial broadcasting. commercial broadcasting.

Emergence of an "Ideal" Emergence of an "Ideal" PSBPSBEmergence of an "Ideal" Emergence of an "Ideal" PSBPSB

Page 22: IntroductionIntroduction A case study, the legal and general issue of PSB in Thailand, illustrates how the law has been used as an instrument for the

MMeanwhile, the second organic eanwhile, the second organic law has laidlaw has laid down certain criteria for down certain criteria for classifying theclassifying the national broadcasting system national broadcasting system into:into:

1) public service 1) public service broadcasting,broadcasting,

2) commercial broadcasting,2) commercial broadcasting,

3) Community broadcasting. 3) Community broadcasting.

MMeanwhile, the second organic eanwhile, the second organic law has laidlaw has laid down certain criteria for down certain criteria for classifying theclassifying the national broadcasting system national broadcasting system into:into:

1) public service 1) public service broadcasting,broadcasting,

2) commercial broadcasting,2) commercial broadcasting,

3) Community broadcasting. 3) Community broadcasting.

Emergence of an "Ideal" Emergence of an "Ideal" PSBPSBEmergence of an "Ideal" Emergence of an "Ideal" PSBPSB

Page 23: IntroductionIntroduction A case study, the legal and general issue of PSB in Thailand, illustrates how the law has been used as an instrument for the

AA major obstacle lies in the major obstacle lies in the selectionselection process of the 7 members for process of the 7 members for thethe broadcasting regulator, NBC. broadcasting regulator, NBC. According to the Constitution, According to the Constitution, the twothe two broadcasting and broadcasting and telecommunicationtelecommunication regulators were scheduled to regulators were scheduled to bebe established by the year 2000, established by the year 2000, but thebut the selection processes are still selection processes are still now far from now far from finished. finished.

AA major obstacle lies in the major obstacle lies in the selectionselection process of the 7 members for process of the 7 members for thethe broadcasting regulator, NBC. broadcasting regulator, NBC. According to the Constitution, According to the Constitution, the twothe two broadcasting and broadcasting and telecommunicationtelecommunication regulators were scheduled to regulators were scheduled to bebe established by the year 2000, established by the year 2000, but thebut the selection processes are still selection processes are still now far from now far from finished. finished.

Crucial Legal IssuesCrucial Legal Issues

Page 24: IntroductionIntroduction A case study, the legal and general issue of PSB in Thailand, illustrates how the law has been used as an instrument for the

TThe selection of the regulator's he selection of the regulator's membersmembers had been carried out by a 17- had been carried out by a 17-membermember committee drawn from committee drawn from representatives ofrepresentatives of academic, professional, official, academic, professional, official, andand consumer groups. The consumer groups. The selectionselection committee was required to committee was required to submit asubmit a short-list of 14 candidates to short-list of 14 candidates to the House ofthe House of Senate who will then choose 7 Senate who will then choose 7 finalists byfinalists by majority vote. majority vote.

TThe selection of the regulator's he selection of the regulator's membersmembers had been carried out by a 17- had been carried out by a 17-membermember committee drawn from committee drawn from representatives ofrepresentatives of academic, professional, official, academic, professional, official, andand consumer groups. The consumer groups. The selectionselection committee was required to committee was required to submit asubmit a short-list of 14 candidates to short-list of 14 candidates to the House ofthe House of Senate who will then choose 7 Senate who will then choose 7 finalists byfinalists by majority vote. majority vote.

Crucial Legal IssuesCrucial Legal Issues

Page 25: IntroductionIntroduction A case study, the legal and general issue of PSB in Thailand, illustrates how the law has been used as an instrument for the

TThe selection of NBC came to a he selection of NBC came to a standstillstandstill after a list of 14 finalists had after a list of 14 finalists had been madebeen made and was to be submitted to the and was to be submitted to the Senate forSenate for further scrutiny. One of the 103 further scrutiny. One of the 103 candidates who missed out in the candidates who missed out in the firstfirst round of selection lodged a round of selection lodged a petition to thepetition to the Administrative Court, accusing Administrative Court, accusing thethe

TThe selection of NBC came to a he selection of NBC came to a standstillstandstill after a list of 14 finalists had after a list of 14 finalists had been madebeen made and was to be submitted to the and was to be submitted to the Senate forSenate for further scrutiny. One of the 103 further scrutiny. One of the 103 candidates who missed out in the candidates who missed out in the firstfirst round of selection lodged a round of selection lodged a petition to thepetition to the Administrative Court, accusing Administrative Court, accusing thethe

Crucial Legal IssuesCrucial Legal Issues

Page 26: IntroductionIntroduction A case study, the legal and general issue of PSB in Thailand, illustrates how the law has been used as an instrument for the

selection panel of breaching the selection panel of breaching the Administrative Procedure Act Administrative Procedure Act which states that selections must which states that selections must be free of cronyism. He also be free of cronyism. He also claimed that the 14 finalists were claimed that the 14 finalists were picked in violation of the conflict-picked in violation of the conflict-of-interest principle as some were of-interest principle as some were already involved in broadcasting already involved in broadcasting businesses themselves. businesses themselves.

selection panel of breaching the selection panel of breaching the Administrative Procedure Act Administrative Procedure Act which states that selections must which states that selections must be free of cronyism. He also be free of cronyism. He also claimed that the 14 finalists were claimed that the 14 finalists were picked in violation of the conflict-picked in violation of the conflict-of-interest principle as some were of-interest principle as some were already involved in broadcasting already involved in broadcasting businesses themselves. businesses themselves.

Crucial Legal IssuesCrucial Legal Issues

Page 27: IntroductionIntroduction A case study, the legal and general issue of PSB in Thailand, illustrates how the law has been used as an instrument for the

TThe newly established he newly established AdministrativeAdministrative Court found the petition to Court found the petition to have groundshave grounds and issued an order on August and issued an order on August 22, 200122, 2001 to stop the panel from to stop the panel from forwarding itsforwarding its short-list of finalists to the short-list of finalists to the senate. Thesenate. The Administrative Court later Administrative Court later reached areached a verdict in favor of the plaintiff verdict in favor of the plaintiff and theand the case was appealed by the case was appealed by the selection panelselection panel to the Administrative Court's to the Administrative Court's SupremeSupreme Order for final decision. Order for final decision.

TThe newly established he newly established AdministrativeAdministrative Court found the petition to Court found the petition to have groundshave grounds and issued an order on August and issued an order on August 22, 200122, 2001 to stop the panel from to stop the panel from forwarding itsforwarding its short-list of finalists to the short-list of finalists to the senate. Thesenate. The Administrative Court later Administrative Court later reached areached a verdict in favor of the plaintiff verdict in favor of the plaintiff and theand the case was appealed by the case was appealed by the selection panelselection panel to the Administrative Court's to the Administrative Court's SupremeSupreme Order for final decision. Order for final decision.

Crucial Legal IssuesCrucial Legal Issues

Page 28: IntroductionIntroduction A case study, the legal and general issue of PSB in Thailand, illustrates how the law has been used as an instrument for the

TThe selection of the Nationalhe selection of the National Telecommunication Telecommunication Commission's membersCommission's members ran into even worse situations ran into even worse situations when thewhen the short-list of 14 candidates was short-list of 14 candidates was refused byrefused by the Senate for consideration and the Senate for consideration and the casethe case was brought to the was brought to the Administrative Court byAdministrative Court by a failed candidate. The Court a failed candidate. The Court also ruled inalso ruled in favor of the plaintiff and it is favor of the plaintiff and it is now left tonow left to the Supreme Court to reach the the Supreme Court to reach the finalfinal verdict. verdict.

TThe selection of the Nationalhe selection of the National Telecommunication Telecommunication Commission's membersCommission's members ran into even worse situations ran into even worse situations when thewhen the short-list of 14 candidates was short-list of 14 candidates was refused byrefused by the Senate for consideration and the Senate for consideration and the casethe case was brought to the was brought to the Administrative Court byAdministrative Court by a failed candidate. The Court a failed candidate. The Court also ruled inalso ruled in favor of the plaintiff and it is favor of the plaintiff and it is now left tonow left to the Supreme Court to reach the the Supreme Court to reach the finalfinal verdict. verdict.

Crucial Legal IssuesCrucial Legal Issues

Page 29: IntroductionIntroduction A case study, the legal and general issue of PSB in Thailand, illustrates how the law has been used as an instrument for the

TThe Administrative Court's he Administrative Court's verdicts came asverdicts came as a surprise to many people and a surprise to many people and affected theaffected the enforcement of the Constitution enforcement of the Constitution and itsand its organic laws. The development organic laws. The development of manyof many broadcasting and broadcasting and telecommunicationtelecommunication projects, including an ideal-type projects, including an ideal-type PSB, hasPSB, has been further delayed. been further delayed.

TThe Administrative Court's he Administrative Court's verdicts came asverdicts came as a surprise to many people and a surprise to many people and affected theaffected the enforcement of the Constitution enforcement of the Constitution and itsand its organic laws. The development organic laws. The development of manyof many broadcasting and broadcasting and telecommunicationtelecommunication projects, including an ideal-type projects, including an ideal-type PSB, hasPSB, has been further delayed. been further delayed.

Crucial Legal IssuesCrucial Legal Issues

Page 30: IntroductionIntroduction A case study, the legal and general issue of PSB in Thailand, illustrates how the law has been used as an instrument for the

In view of current political In view of current political polarization and globalization polarization and globalization pressure in Thailand, no one pressure in Thailand, no one knows what is going to happen knows what is going to happen next. It seems that a legal (and next. It seems that a legal (and political) battle for radio political) battle for radio frequencies is looming ahead. In frequencies is looming ahead. In this context, it is interesting to this context, it is interesting to see whether the PSB will see whether the PSB will eventually emerge on Thai soil eventually emerge on Thai soil to serve the public interest as to serve the public interest as envisioned in the Constitution.envisioned in the Constitution.

In view of current political In view of current political polarization and globalization polarization and globalization pressure in Thailand, no one pressure in Thailand, no one knows what is going to happen knows what is going to happen next. It seems that a legal (and next. It seems that a legal (and political) battle for radio political) battle for radio frequencies is looming ahead. In frequencies is looming ahead. In this context, it is interesting to this context, it is interesting to see whether the PSB will see whether the PSB will eventually emerge on Thai soil eventually emerge on Thai soil to serve the public interest as to serve the public interest as envisioned in the Constitution.envisioned in the Constitution.

Crucial Legal IssuesCrucial Legal Issues