Mr. Chotisak On-soong, alleged to have committed lèse majesté by refusing to stand during the playing of the royal anthem in a cinema, sent a letter on 10 June 2008, to the National Press Council of Thailand protesting its order not to accept his petition against the Manager Media and its program.  Earlier, Chotisak claimed in a letter to the Council that “Yarm Fao Phaen Din”, a radio programme broadcast by Manager Media, put out false information about him. The Council informed him by letter on 4 June that it cannot handle the case. 

On 25 April, in a petition addressed to the President of the National Press Council of Thailand, Chotisak claimed that “Yarm Fao Phaen Din” accused him of being a coordinator of the National United Front of Democracy Against Dictatorship (UDD), a pro-Thaksin group, and that he had participated in its activities several times.  He categorically denied the accusations and explained that he is instead part of the 19 September Anti-Coup Group. 

Later on 4 June, the Council informed him in a letter signed by Mr. Chaowarong Limpatpranee, the Secretary General, that it cannot handle the case.  Part of the letter reads “… according to the regulations of the National Press Council of Thailand concerning the 1998 procedure to review complaints, the Council cannot take this case since it is in breach of Section 22 of the 1997 National Press Council of Thailand Charter (revised in 2005)”.

Chotisak later submitted a letter to object to the decision not to review his case.  He explains that the case concerning the damage to his reputation incurred by the Manager Media broadcast has not yet been tried in court, thus it would not be a breach of Section 22 for the Council to review his case.  Also, this is the first time that he has lodged a complaint, therefore it is impossible, as per Section 22 (2), that his case has already been considered by the Council or that a final ruling has been made on it.  In addition, the complaint was submitted just a few days after the alleged action, and therefore its filing does not exceed the 120 days limit as per Section 22 (3).  He thus wishes to appeal against the decision to refuse to review his case. 

Section 22 of Chapter Four of the 1997 National Press Council of Thailand Charter (revised in 2005) states:

“Section 22: The Committee is prohibited from reviewing a complaint in the following circumstances; 

(1) The complaint has been admitted to the court and is being heard, or the court has made a ruling on it or;

(2) the complaint, or a similar complaint has been subject to a review and ruling of the Committee, and the new complaint is based on no new evidence or;

(3) the complaint is submitted more than 120 days after the damaged party is aware of the alleged action, or longer than one year after the alleged action takes place; an exception can be made if the Council holds the case an important precedent which involves public interest or which may jeopardize the reputation of the newspaper profession.”

 Translated by Pipob Udomittipong