BANGKOK -- A short-lived media gag order steamrolled by Thailand's Prime Minister Prayuth Chan-ocha has raised skepticism among Thais over his government's respect for the constitution.
Prayuth repealed the order on Monday, according to the government's public journal, the Royal Gazette, on Tuesday. The withdrawal came shortly after the Civil Court of Bangkok issued a temporary injunction on Aug. 6 to block the order, which only had gone into effect on July 30.
The restriction claimed to target fake news on COVID-19, but its wording caught the eyes of academics, media agencies and lawyers.
It prohibited anyone from "reporting news or disseminating information that may frighten people or intentionally distorting information to cause a misunderstanding about the emergency situation, which may affect state security, order or good morality of people."
The order gave the National Broadcasting and Telecommunications Commission the authority to make internet service providers reveal the sources of such information. They were required to report IP addresses of where the information had come, and block those addresses' internet access. The regulator was to provide the IP addresses to the police for legal action.
The ambiguous phrasing left it possible that sharing correct information or fair criticism against the government could lead to trouble. Academics were the first to criticize the former junta leader's order, saying no one should be prosecuted for sharing true information, even if it brings fear.
Skepticism grew because the order came at a time when criticism against the government was mounting due to its poor handling of the COVID-19 situation. The epidemic of the delta strain has led to an average 20,000 daily confirmed cases over the past week. The country's low inoculation rate -- roughly 7% -- caused shortages of hospital beds. Soft business lockdowns and a nighttime curfew to contain outbreaks in affected provinces strangled Thais financially.
Thais protest against the government's handling of the COVID-19 pandemic in Bangkok on Aug. 10. © Reuters Some economists, scholars and researchers have openly questioned the prime minister's capabilities. Anti-establishment and pro-democracy protesters have started taking to the streets on a daily basis, calling for Prayuth's resignation, though in fewer numbers than during the 2020 antigovernment rallies, due to the worsening pandemic situation and fear of being prosecuted by the country's draconian lese-majeste law. They have been met with violent crackdowns as the authorities show less restraint in using rubber bullets and tear gas. Dozens of protesters have been detained.
The temporary injunction by the court answered a petition from a group of media outlets. Their motion claimed that the order's vague wording ran against the principle of criminal law that crimes should not be too broadly defined. Empowering the telecommunications regulator to block certain addresses without court procedures was also illegal, the group said. Most important, it said, the order violated freedom of the press under the constitution.
"It is in the view of the court that, considering the existence of several legal instruments establishing the measure concerning illegal dissemination of information and the government's capability to educate people, develop a public better understanding and examine false information, the suspension of the enforcement of such regulation does not pose any obstacle to public administration in emergency situations and public interest," the court's statement on the injunction said.
The government can still block internet content by asking the court to judge whether the content is illegal. Internet platform operators such as Facebook, Twitter and YouTube are asked to comply with government requests if the court approves.
The media gag order was proposed by the Center for COVID-19 Situation Administration (CCSA), chaired by the prime minister. The center operates as a special policymaking body independent of the cabinet, which only endorses what the center proposes. Since the dawn of the pandemic, Prayuth has used the CCSA to minimize backroom negotiations within the cabinet.
The prime minister and the CCSA are being called into question over whether they undermined the constitution by passing the order. "The prime minister has taken little care over the rights of people since he took power in the 2014 coup," said Somchai Prechasillapakul, associate professor of law at Chiangmai University. "Prayuth could be sued on constitutional violations."
Reporters cover an anti-government protest in Bangkok in October 2020. Prayuth now has been trying to apply greater pressure on the media. © Reuters This is not the first time Prayuth has tried to apply pressure on the media. In February 2015, while junta leader, he said he had the power to shut down news outlets. The following month, he said he would execute reporters if they did not adhere to the official line.
The current constitution was ratified in 2017 on Prayuth's initiative as junta leader, after being approved through a national referendum in 2016. It keeps Thailand a constitutional monarchy with the monarch as the head of state. The constitution also led to the reelection of Prayuth as prime minister in the 2019 general election.
A group of opposition parties submitted a petition to the National Anti-Corruption Commission to investigate the prime minister for abusing his power by approving the media gag order.
"After studying the court ruling, we have found that Prayuth's actions involved misconduct on at least four counts," said Sutin Klungsang, chairman of the opposition group. He said he would forward the case to the Supreme Court's Criminal Division for Holders of Political Positions, requesting that the prime minister be impeached.