VZCZCXRO5149
RR RUEHCHI RUEHDT RUEHHM
DE RUEHBK #5325/01 2830519
ZNR UUUUU ZZH
R 100519Z OCT 07
FM AMEMBASSY BANGKOK
TO RUEHC/SECSTATE WASHDC 0083
INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS
RUEHCHI/AMCONSUL CHIANG MAI 4210
RUCPDOC/DEPT OF COMMERCE WASHINGTON DC
RUEAIIA/CIA WASHINGTON DC

UNCLAS SECTION 01 OF 02 BANGKOK 005325 
 
SIPDIS 
 
DEPT PLEASE PASS EAP/PD, ECA, EAP/MLS 
PASS TO DOC/JEAN KELLY AND USPTO TWANA BROWN 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PHUM PGOV KPAO ECPS EINT TH
SUBJECT: Media Reform in Thailand: The Good, the Not-so-Bad, and the Ugly
 
REF: BANGKOK 4926 
 
BANGKOK 00005325  001.2 OF 002 
 
 
Summary 
------- 
 
¶1. (SBU) Over the last few months, Thailand's interim government has 
introduced three pieces of important legislation governing media in 
the country.  In August, a new printing bill, nullifying the 
antiquated 1941 Printing Act, was passed by the National Legislative 
Assembly (NLA) and now awaits endorsement by the King.  Thailand's 
first piece of cyber crime legislation, the 2007 Computer Crime Act, 
was enacted in June.  Just weeks later, the cabinet endorsed the 
draft Radio and Broadcast Bill that, once passed, will replace 
current outdated legislation drafted in 1955.  While the Printing 
Act and the Radio and Broadcast Bill are considered by most as 
positive steps towards media freedom, the Computer Crime Bill has 
been the target of harsh criticism and is viewed as a large step 
backwards in promoting freedom of expression in Thailand.  End 
Summary. 
 
The Good: The Printing Bill 
--------------------------- 
 
¶2. (SBU) The August 29 passage of the Printing Bill by the National Legislative Assembly marked an important turning point for the press, undoing the 1941 Printing Act that required newspaper publishers to be licensed and gave authorities power to shut down newspapers. Law enforcement authorities had the power to censor; newspapers and magazines were shut down under the 1941 Act for real or perceived violations. Under the new law, newspapers will no longer need a special license to publish and will only be required to notify regulatory authorities, like any other business, and register mastheads. The Printing Bill also abolished three amendments to the bill and three Revolutionary Announcements enacted after the September 2006 coup that further inhibited the press. In short, the police will no longer have the authority to stop the presses. The reporters we spoke to about the new Printing Bill were unanimous in agreeing that the bill represents a new era of press freedom for Thailand.
 
¶3. (SBU) Passage of the bill was uncertain and the path to success a 
tumultuous one.  After the coup of September 2006, the Council for 
National Security seemed intent on using the old law to stifle 
criticism.  Indeed, the National Legislative Assembly seemed intent 
on keeping the old law, but established a special committee that 
included media representatives to review the Printing Act.  By April 
2007 the media representatives had quit in frustration with the 
committee and Prime Minister Surayud came under heavy pressure to 
scrap the 1941 Press Act.  (Comment: It appears as if this pressure 
successfully swayed the NLA to eventually support the legislation. 
End comment.) 
 
¶4. (SBU) The new bill still makes material deemed offensive to the 
monarchy a criminal offense, punishable by fines and imprisonment. 
The bill will not become law until it is printed in the Royal 
Gazette, which is seen as a formality. 
 
The Not-So-Bad: Draft Radio and Broadcasting Bill 
--------------------------------------------- ---- 
 
¶5. (SBU) In July, the Thai cabinet endorsed the draft Radio and 
Television Broadcasting Bill, which is now awaiting consideration by 
the National Legislative Assembly (NLA).  The legislation, if 
passed, will pave the way for more comprehensive regulation and 
control of television and radio operations in Thailand. 
 
¶6. (SBU) Under the draft bill, licenses for broadcasting frequencies 
would fall into three categories - public service, community service 
and business-based operations -- each with specific content 
requirements.  To obtain a license for public service, a broadcaster 
must devote 70 percent of its contents to education, arts and 
culture, health, sports and national security issues.  Non-profit 
organizations and local groups can apply for licenses to operate 
community radio or television stations as long as 70 percent of 
content is directed to the interests of local populations.  In the 
case of business-oriented licenses, an operator must ensure that 
news, documentaries and other substantive issues make up at least 20 
percent of its content.  These content requirements must be met 
throughout the concession term -- seven years for radio and 15 years 
for television.  Business-oriented broadcasters are the only 
operators that can generate income from advertisements, though they 
must contribute a portion of advertising fees to a broadcasting fund 
that will support public and community services. 
 
¶7. (SBU) Under the bill, community radio, cable, and satellite television stations operating without authorization can apply for temporary licenses with an interim regulatory body. New operators seeking first-time licenses must wait until a permanent regulatory body, as stipulated in the new constitution, is established (Note: During a October 4 meeting with Mass Communication of Thailand (MCOT) executives, PAO was advised that it could take a year or more after this draft law is passed before this body will be formed. End note.)
 
¶8. (SBU) This new law is part of the interim government's efforts to 
reform the broadcast industry, governed until now by the outdated 
1955 Broadcasting Act.  The 1955 act does not provide provisions for 
the operation of community radio, cable or satellite television 
stations, leaving the more than 3,000 community radio stations and 
approximately 400 cable television stations to operate without 
authorization. 
 
¶9. (SBU) For the most part, both media activists and operators view 
this bill as a positive step towards more effective and fair 
regulation of local television and radio operations.  However, 
content providers and the satellite television industry have 
expressed concern over some aspects of the draft bill, including the 
absence of stipulations requiring regulators to suspend or cancel 
the licenses of IPR offenders and the limited application of 
anti-circumvention provisions.  A member of the NLA recently 
informed emboffs that the bill was on the ""priority"" list of drafts 
to be considered by the NLA, but it is not clear whether the draft 
indeed will pass before the December general elections. 
 
The Ugly: 2007 Computer Act 
--------------------------- 
 
¶10. (SBU) In July, the 2007 Computer Act was enacted, giving the 
Ministry for Information and Communication Technology (MICT) 
authority to request and enforce the suspension of information 
disseminated via computer.  Under the act, a maximum five year jail 
sentence and a 100,000 baht (approximately $3,000) fine can be 
imposed for posting false content on the Internet that undermines 
public security, causes public panic or hurts others.  A maximum 
20-year sentence and 300,000 baht (approximately $9,000) fine can be 
imposed if an offence results in the death of an individual.  The 
law obliges Internet service providers to preserve all user records 
for 90 days, in the event that officials wish to access them.  In 
addition, any service provider who intentionally consents to or 
supports the publishing of illegal content is also subject to 
prosecution under the law.  In the worst case, violators could face 
a prison sentence for using proxy servers to access websites blocked 
by the government. 
 
¶11. (SBU) Media activists and other observers have strongly criticized the act, stating that the law is far too ambiguous and that some penalties are too harsh relative to the offence committed. They worry authorities have too much power to crack down on content considered a ""threat"" to Thailand. A prominent media activist told AIO during an informal lunch that unlike many cyber crime laws in other countries, which tend to focus on protection against the spread of spam, viruses and child pornography via the internet, the Thai law incorporates concerns for public order, national security, and morality in its cyber crime legislation. She went on to say that the broad powers given to authorities would create a ""climate of fear"" among those who operate in the cyber environment. In August, two individuals -- a well-known web administrator and an internet blogger -- were the first known individuals charged under the new act for allegedly posting online comments considered critical of Thailand's revered monarchy (reftel).
 
Comment 
------- 
 
¶12. (SBU) While on the one hand the Printing Bill represents a step 
forward for freedom of expression, the Computer Act is perceived by 
many as a step backwards.  Although it is too early to tell how this 
act will ultimately impact free expression on the internet, it is 
safe to say that the law fails to measure up to the Council of 
Europe's Convention on Cybercrime, the only binding international 
instrument on this issue.  The future of the broadcasting bill is 
also not entirely certain and we will continue to track its content 
in light of IPR and other concerns.  In the end, all three of these 
new pieces of media legislation present both challenges and 
opportunities for freer expression in Thailand and bear continued 
close monitoring.  End comment. 
 
BOYCE