The Thai junta leader told the media that anyone campaigning about the draft constitution faces 10 years imprisonment once the Referendum Bill is enacted.

Gen Prayut Chan-o-cha, the junta leader and Prime Minister, at the Government House, Bangkok, on Tuesday, 19 April 2016, told the media that people who participate in campaigns either to accept or not accept the latest draft constitution may face up to 10 years’ imprisonment under the Referendum Bill.      

“When the Referendum Bill is passed, it will carry a penalty of 10 years’ imprisonment. If you are not afraid, it’s up to you. The media will get this as well, including their financiers,” said the junta leader.

Asked by members of the press if academics criticizing the draft might be charged under the Bill, Gen Prayut said ambiguously “Is it written [in the Referendum Bill] that academics can campaign [about the draft], but other people can’t? It just says [people] can’t campaign either to accept or not to accept [the draft]. Just this, can’t you do it? Can’t you understand Thai translated into Thai?”

The Referendum Bill sets heavy sentences for people denouncing the referendum or publishing polls predicting the result too close to voting day on August 7. The bill, however, does not prohibit campaigns about the draft constitution, but states that the Election Commission of Thailand (ECT) will regulate all campaigns, both supporting and opposing the draft.

Article 62 of the bill states “anyone who publishes text, images or sound, through either newspaper, radio, television, electronic media or other channels, that is either untruthful, harsh, offensive, rude, inciting or threatening, with the intention that voters will either not exercise their right to vote, or vote in a certain way, or choose the no vote option, will be considered as a person creating confusion so that the vote will not proceed properly.” The penalty is a jail term of up to 10 years and a fine of up to 200,000 baht.

The bill also prohibits publication of any poll or survey relating on the result of the referendum close to voting day.

Under Article 64 of the bill, anyone who publishes the result of a survey of public opinion relating to voting in the period from seven days before voting until the end of voting, will be punishable by a jail term of up to three months, or a fine of up to 6,000 baht, or both.