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Published on October 12, 2007

Thai Rath's criminal news editor Alongkot Jitchuenchot said he agreed with most of the act, except for the part saying that it is prohibited to report domestic violence cases to the public once they reach police investigators or relevant authorities, and that anyone who disobeys the clause will face six months in jail, a Bt60,000 fine, or both.

"I feel the media will be controlled. Normally, reporters are very careful in reporting any cases concerning women, children and domestic violence," Alongkot said.

Preecha Sa-ardsorn, Kom Chad Luek's criminal news editor, said reporters were sensitive when writing news and that editorial offices also screened their reports, which were read by associations and readers around the country.

As a result, he believes all reporters are very careful with their coverage.

"I think media reports encourage authorities and police to rush when dealing with some cases, but this clause will make reporters' work more difficult," said Preecha.

Office of Legal Affairs commissioner, Pol Lt-General Chatchawan Suksomchit said the clause didn't mean reporters couldn't cover any domestic violence cases, but if they did the clause insists they work under three principles.

"They must be certain they don't violate people's rights relating to the case, harm the reputation or the lives of the people involved, and that the content of the news doesn't go against their work ethics and the news is useful to the public," he said.

Meanwhile, Jitrapa Soon-tornpipit, deputy director of the Office of Women's Affairs and Family Development, who proposed the Act, said it didn't infringe on the media's freedom. It just helped protect the people in families facing domestic violence cases from being shamed, she said.

Sanpasit Khumpraphan, who heads the Centre for the Protection of Children's Rights Foundation, said he thought the clause would not affect the media because some kinds of domestic violence - like a quarrel - didn't need coverage, but with rape or murder, the media did have the right to report.

The Act will take effect on November 12.

Meanwhile, the Global Campaign for Free Expression and National Press Council of Thailand will host a workshop in Bangkok, supported by the British Embassy, on the topic "How to balance free speech with the need to protect reputations".

Media representatives, legal experts, researchers and NGO activists will discuss the threat that defamation - criminal defamation in particular - poses to freedom of expression. Strategies for legal reform will also be considered.

The need to protect reputations has clashed with fears of abuse of defamation laws by the powerful to prevent legitimate criticism. Countries around the world have reformed their defamation laws, and more and more are doing away entirely with criminal defamation.

British Ambassador Quinton Quayle said he was delighted that the British Embassy was supporting this important event.

"Freedom of expression is a key issue. We look forward to making a positive contribution to the exchange of ideas now taking place in Thailand," he said.

This workshop will give impetus to the growing lobby within Thailand supporting reform of its libel laws.

Wannapa Phetdee

 The Nation