A Democrat deputy leader has criticized the Referendum Act for its heavy sentences and ambiguous content which can lead to arbitrary prosecution of those who oppose the referendum and the charter draft.
On Sunday, 24 April 2016, the Thai News Agency
reported that Ongart Klampaiboon, deputy leader of the Democrat Party, urged the Election Commission of Thailand (ECT) to clarify ambiguous content in the Referendum Act, enacted on 22 April 2016.
According to the Thai News Agency, Ongart said that the Act’s Article 10, which allows only the Constitution Drafting Committee (CDC) and government agencies to advocate the content of the draft, will silence the voices opposing the draft since the drafters and government agencies will only support the draft.
Ongart added that Article 61 of the Act, which sets a heavy sentence of up to ten years in jail for those who publish ‘content that deviates from fact’, is a legal threat to those who oppose the draft.
“The drafters always claim that the charter draft is anti-corruption. What if someone says that the draft is not really anti-corruption? Is that considered ‘content that deviates from fact’?” Ongart asked.
Ongart also said that he wants the ECT to clarify the ambiguous content of the Act since it is a criminal law, meaning that anyone can cite this Act to file a charge against anyone without the permission of the ECT. This will absolutely lead to chaos and hurt the legitimacy of the referendum itself, the Thai News Agency reported.
Recently, Gen Prayut Chan-o-cha, the junta leader and Prime Minister, has warned that people, including the media, who participate in campaigns either to accept or not the accept the latest draft constitution may face up to 10 years imprisonment under the Draft Referendum Act.
“When the Draft Referendum Bill is passed, it has 10 years’ imprisonment as penalty. If you are not afraid, it’s up to you. The media will get this as well, including their financiers,” said the Thai junta premier. (
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