"Freedom of expression and freedom for media owners are two different things. Owners of boxing camps are not boxers. They won't go fight for a living. Who do media operators -- like government agencies, military or multinational corporations - represent?"

Thai Broadcasting: Journalists Face a New Battlefield
By Prangtip Daorueng
August 16, 2000

BANGKOK - The good news is that decades of state control over Thai radio and television will soon be over. The 1997 reform constitution has opened the door for public participation in the broadcasting industry.

Earlier this year, implementing legislation finally was passed to establish a National Broadcasting Commission, an independent body which will reallocate frequencies and regulate the airwaves. But the composition of the commission is becoming a high-profile battleground between journalists and media operators. At stake, say Thai journalists, is the future of electronic freedom of expression in the country.

Last week, the office of the Prime Minister invited 49 different media associations, representing both journalists and ownership interests, to a meeting to name four "media professionals" to sit on the selection committee which will eventually select the members of the National Broadcasting Commission. But what is a media professional? Ownership interests were accused by 11 journalist associations at the meeting of trying to stack the selection panel in their favor.

The result was that the journalist associations - representing both broadcast and print journalists - cried foul and walked out of the gathering, making headlines in the Thai press. The associations accused the broadcast operators of using unfair bloc-voting tactics to stack the process in favor of business interests and the military. The journalists contend that the owners violated the spirit of the constitution's emphasis on public participation in the broadcasting industry.

No journalists were among the four elected "media professional" representatives to emerge from the meeting. Instead, the elected representatives were from the Army and broadcasting corporations. They are:

• Maj. Gen. Sunthorn Sophonsiri, the director of television Channel 5, which is now run by the Army. Sunthorn is also chairman of the Television Pool of Thailand and a representative of the Association of Broadcast Operators.
• Kitipat Rungthanakiat, the owner of more than100 provincial radio stations, representing the Association of Radio Advertising Operators.
• Chamnan Siritan, an executive at JSL, a large television program production company, representing the Association of Television Operators.
• Sommart Sathitsathien representing the Association of Broadcast Defense Operators.

In a protest letter submitted on August 15 to Supatra Masdit, the minister to the Prime Minister's Office responsible for broadcasting affairs, the group of 11 associations demanded that the election result be canceled. The letter also urged the government to investigate the election and demanded that the State Council give a clear definition of the term "professional media organization" as stated in the law. In a separate letter submitted to the Army Chief on the same day, the group called for Maj. Gen. Sunthorn Sophonsiri to withdraw from the selection committee and for the Army to stop interfering in the process.

"We all know that the current Army Chief has a good record in supporting democracy. I believe that he will consider this matter as an important step toward democratization," Said Chavarong Limpattamapanee, Secretary General of the Thai Journalists Association and the representative of the 11 associations.

The outcome of this battle for control of the broadcast commission selection process is crucial. For decades Thai radio and television stations have been controlled by different government agencies. The official Public Relations Department, for example, controls around 130 radio stations and one television station. The Army controls 128 radio stations and two television stations while The Mass Communication Authority of Thailand controls another 62 radio stations and two television stations. Even the Prime Minister's office has its own television station.

The 1997 constitution set out to change that situation by handing over state-controlled airwaves to the public. In January this year, the parliament approved the Organization of Frequency Wave Allocation and Supervision of Radio Broadcasting, Television and Telecommunication Enterprises Act. The law mandates the setting up of two independent bodies, the National Broadcasting Commission and National Telecommunication Commission, to allocate frequencies for television, radio, and mobile phones. The law is an historic move for Thai broadcasting and the new regulatory bodies will consolidate ownership authorities and regulations over six free-to-air television stations and approximately 500 radio stations nationwide.

To make sure the public is represented, the law states that the 17 members of the selection committee that will name the commission be picked from four categories of representatives: government-related agencies are entitled to five seats, media experts, media professionals and media-related non-governmental organizations have four each.

Still, the ambiguities exist. Among the 49 so-called media professional associations participating in last week's meeting, the majority were associations of media operators, some of which had been rushed into existence just prior to the meeting.

Last week's dispute is seen by some as evidence that the implementation of the regulatory reforms will not proceed smoothly. Media experts have foreseen a potential lack of transparency in the law and many were critical of the government for failing to differentiate media professionals from media operators in the selection process.

"Freedom of expression and freedom for media owners are two different things," said Ubonrat Siriyuvasak, a lecturer in media from Chulalongkorn University . According to Unbonrat, the definition of professional is clearly stated in many laws and it doesn't include business operators.. "Owners of boxing camps are not boxers. They won't go fight for a living," she said. "Who do we think media operators - like government agencies, military or multinational corporations - represent?".

Piyakul Lawansiri, Dean of Journalism and Mass Communications at Thammasat University, agreed. "It is clear that the law doesn't mention media operators as a part of the selection committee," she said "We need to insist upon the clear definition of the term 'media professional' in the process."

The worry is that media operators will exercise undue influence over the granting of concessions for radio and television stations to the private sector. The concession system in the law establishes a strong tie between media businesses and government authorities and the journalists want to ensure that other interests are amply represented in the broadcast commission.

In a response to the journalists' protest, Minister Supatra agreed not to announce the result of the August 10 meeting until the Council of State comes up with the definition of "media professional". She also agreed to investigate the background of the 49 organizations which attended the meeting to ensure their legitimacy..

This is only the beginning, said Kasem Sirisampan, a former politician who was one of the drafters of the reform constitution. "To make the reforms comes true, there is no way else but to be on the same side as the public. Thai media will not get back to the zero point but there is till a long way to go," he said.

Prangtip Daorueng is SEAPA's country director for Thailand.

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