Dear friends,
The Asian Human Rights Commission (AHRC) has been informed by the Campaign for Popular Media Reform (CPMR) (Thailand) that a farmer who was running a community radio station in accordance with the provisions of the 1997 Constitution has been taken to court on charges of illegal broadcasting under a law that predates the constitution. The case is a challenge not only to the respondent himself but also to the entire community radio movement in Thailand, which has suffered repeated attacks from the authorities in 2005.
The case is already in the court; however, the AHRC is calling upon you to write letters to the authorities in Thailand expressing reservations about the needless prosecution of community radio broadcasters. Also, persons in Thailand may lend their support by going directly to the court as observers or by contacting the CPMR for further information. Details of the hearings are given below, in the Suggested Action section.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:
Accused: Sathien Janthorn, 55, a farmer residing in Baan Bornam, Tewarat sub-district, Chaiyo district, Angthong province, Thailand; represented free of charge by the Law Society of Thailand
Charges: Illegal possession and operation of a radio transmitter, and broadcasting without a licence under articles 4, 6 & 11 of the Radio Telecommunication Act BE 2498 (1955); carrying a maximum penalty of 100,000 Thai baht (USD 2500) fine and/or five years’ imprisonment
Sathien Janthorn was charged with illegal broadcasting in 2002; however his interest in community radio began in 1983, long before the current trend towards the activity which has attracted the government’s ire. In that year the local parliamentarian supported the setting up of a small transmitter in the community. A village headman was given responsibility for the project, but after six months it was shut as no one took serious interest in it. Sathien, a local farmer, asked permission to continue with it, and was allowed to bring the equipment to his house.
In 2001, Sathien began expanding programmes, as article 40 of the 1997 Constitution of Thailand specifically encouraged broadcasting in the public interest. In May 2002 he received funding from the Ministry of Finance for the radio station, under the Social Investment Fund provided by the World Bank, through which 145 stations were established. He used the money to inaugurate Angthong Community Radio Learning Station FM 106.25 in the same month, and was given training by staff of the Public Relations Department. Over the next four months, government agencies sent material for public broadcast, and Sathien assumed that the station was legal. He has also said that he had had the provincial governor and other authorities as guests on his programmes.
However, on 24 October 2002, the Public Relations Department lodged a complaint with the Post and Telegraph Department about the radio station. On October 30, staff of both departments and some 20 police came with search warrants and confiscated all the radio equipment. On November 4 of the same year charges were laid against Sathien under the almost 50-year-old legislation. This is despite the fact that government directives at the time were that allowances should be made to allow for continued operations of these radio stations until such a time as new regulations would be established in accordance with article 40, and despite concerns that the 1955 Act is now in contravention of the constitution. The charges were also laid before more recent regulations were introduced limiting the height and power of transmission towers.
Although the government has persisted in its challenges to community radio, according to the CPMR it has stopped bringing such cases into the courts. Nonetheless, it is continuing with the prosecution of Sathien.
Sathien is not keen for a legal fight; however, he has refused to plead guilty and has insisted that he is within his rights. He is being represented free of charge by an advocate from the Law Society of Thailand. He has said in his defence that he did not use the radio station to air commercials or make a profit illegally: a charge levied by the authorities against many stations. He has also said that he has been targeted because he had tried to stop corruption in some local agencies and had criticized them in his broadcasts, and that originally the officials had sought to charge him with many more offences but in the end most were dropped.
Since he was charged, Sathien obtained more equipment and set up a new radio station running as FM 92.25, which has not been closed down.
ADDITIONAL INFORMATION:
The television and radio media in Thailand have been under a government and military monopoly since their introduction to the country. Although the 1997 Constitution set in place provisions for the democratization of these media under article 40, these have not been realised. In recent times, community radio stations have increasingly been targeted on the ground that they are “illegal”. In fact it is the government itself that has failed to introduce a licensing regime in accordance with the new constitution, by default making the stations illegal. Meanwhile, there is what the CPMR has identified as a new media monopoly emerging between the commercial and government sectors, as media concessions are issued to businesses close to senior politicians–notably those of the prime minister. As a result of making public comments to this, Supinya Klangnarong of the CPMR is being sued together with the editors of the Thai Post newspaper for defamation (UP-111-2005). More recently, the prime minister has initiated new defamation suits against other media owners and professionals (see related news article).
The sister organization of the AHRC, the Asian Legal Resource Centre, has expressed its concerns regarding growing restrictions on freedom of expression in Thailand–in particular, actions against the burgeoning community radio movement–to the UN Human Rights Committee (see the section on Freedom of Expression in the “Institutionalized torture, extrajudicial killings & uneven application of law in Thailand” report, March 2005). In its concluding observations after its examination of Thailand’s human rights record in July 2005, the Committee expressed concern at “reports of intimidation and harassment against local and foreign journalists and media personnel as well as of defamation suits against them, originating at the highest political level” [CCPR/CO/84/THA, 28 July 2005, para. 18]. International media group Reporters without Borders has also said that media conditions in Thailand are worsening, and ranked the country as 107 out of 167 countries assessed for their media freedom in 2005. Unfortunately, against this backdrop the British Broadcasting Service recently announced the ill-advised decision to close its Thai-language radio service (UA-195-2005).
SUGGESTED ACTION:
1. If you are in Thailand, please consider attending the trial as an observer. In a provincial court, the presence of a few concerned persons from outside can have a strong effect. The details of the trial process (including completed hearings), as provided by the CPMR, are as follows:
Dates November 1 & 2: Prosecution
November 3, 4, 8 & 9: Defence
Time 9am onwards
Place Angthong Provincial Court, Amphur Muang, Angthong province
For further details contact CPMR on (+66) 02 691 0574; or e-mail cpmr40@hotmail.com; freemediafreepeople@yahoo.com
2. Please write a letter expressing your concern about the prosecution of this case, and attacks on community radio stations in Thailand, to the Minister of Justice. A sample letter follows.
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Dear Pol. Gen. Chidchai
RE: Unwarranted prosecution of farmer over community radio station
I am sad to hear that a farmer is being prosecuted for having established a community radio station in Angthong province some years ago.
According to the information I have received, Mr Sathien Janthorn, 55, of Baan Bornam, Tewarat sub-district, Chaiyo district in Angthong province, is in court on charges of illegal possession and operation of a radio transmitter, and broadcasting without a licence under articles 4, 6 & 11 of the Radio Telecommunication Act BE 2498; carrying a maximum penalty of 100,000 Thai baht (USD 2500) fine and/or five years’ imprisonment.
Sathien was apparently charged with illegal broadcasting in 2002, although he had begun involvement in community radio as far back as 1983. I understand that in 2001 he began expanding the broadcasts, as envisaged by article 40 of the Constitution of Thailand BE 2540. Furthermore, in May 2002 he received funding for the radio station from the Ministry of Finance, under the Social Investment Fund provided by the World Bank. He used the money to inaugurate Angthong Community Radio Learning Station FM 106.25 in the same month, and was given training by staff of the Public Relations Department. Over the next four months, government agencies sent material for public broadcast, and Sathien assumed that the station was legal. He has also said that he had had the provincial governor and other authorities as guests on his programmes.
However, on 24 October 2002, the Public Relations Department lodged a complaint with the Post and Telegraph Department about the radio station. On October 30, staff of both departments and some 20 police came with search warrants and confiscated all the radio equipment. On November 4 of the same year charges were laid against Sathien under the Radio Telecommunication Act BE 2498. Sathien has reportedly said that he did not use the radio station to air commercials or make a profit illegally and that the charges were motivated by his outspokenness against corruption among the ranks of some local officials.
I am concerned by this case as article 40 of the Constitution allows for the establishment of such radio stations; however, the persistent absence of a regulating law in accordance with that article means that the only law that exists upon which judgments can be made is the BE 2498 Act, which appears on the surface to contradict article 40. I also understand that temporary regulations relating to the height and broadcast range of community radio towers did not come into effect until long after Suthien was charged.
I note with concern that in recent times many groups have pointed to a worsening of freedom of expression in Thailand. The Asian Legal Resource Centre in its 2005 report to the UN Human Rights Committee pointed to actions against community radio stations that amount to violations of Thailand’s obligations under the International Covenant on Civil and Political Rights. In July 2005, the Committee itself expressed concern about the situation in Thailand. International media group Reporters without Borders has also said that media conditions in Thailand are worsening, and ranked it as 107 out of 167 countries assessed for their media freedom in 2005.
Accordingly, I urge you to conduct an investigation into this apparently unwarranted prosecution and in particular, the seeming contradiction between the BE 2540 Constitution and the BE 2498 Radio Telecommunication Act, with a view to resolving these issues in favour of respect for freedom of expression and the principles laid down in article 40.
Yours sincerely
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PLEASE SEND YOUR LETTERS TO:
Pol. Gen. Chidchai Wanasatidya
Minister of Justice
Office of the Ministry of Justice
Ministry of Justice Building
22nd Floor
Chaeng Wattana Road
Pakkred, Nonthaburi
Bangkok 11120
THAILAND
Tel: +662 2 502 6776/ 8223
Fax: +662 502 6699/ 6734 / 6884
Email: ommoj@moj.go.th; chidchai@moj.go.th
PLEASE SEND COPIES TO:
1. Pol. Lt. Col. Dr Thaksin Shinawatra
Prime Minister
Government House
Pitsanulok Road, Dusit District
Bangkok 10300
THAILAND
Fax: +66 2 282 8631 or 66 2 629 8213
E-mail: thaksin@thaigov.go.th, govspkman@mozart.inet.co.th
2. Mr. Dussadee Sinchirmsiri
Director-General
Public Relations Department
Rama VI Road, Soi 30
Bangkok 10400
THAILAND
Tel: +66 2 618 2323 ext. 1700
Fax: +66 2 618 2358
E-mail: prforeign@prd.go.th
3. Mr Pachara Yutidhammadamrong
Attorney General
Office of the Attorney General
Lukmuang Building
Nahuppei Road
Prabraromrachawang, Pranakorn
Bangkok 10200
THAILAND
Tel: +662 224 1563/ 222 8121-30
Fax: +662 224 0162/ 1448/ 221 0858
E-mail: ag@ago.go.th, oag@ago.go.th
4. Prof. Saneh Chamarik
Chairperson
The National Human Rights Commission of Thailand
422 Phya Thai Road
Pathum Wan District
Bangkok 10300
THAILAND
Fax: +66 2 219 2940
E-mail: commission@nhrc.or.th, saneh@nhrc.or.th
5. Mr. Ambeyi Ligabo
Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
c/o J Deriviero
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9177
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR FREEDOM OF EXPRESSION)
Email: jderiviero@ohchr.org or urgent-action@ohchr.org
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
