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Case
Case name
Thailand's Got Talent
Name of persons / Name of Media
Thai Television Channel 3
Case status
คำอธิบายสถานะคดี ภาษาอังกฤษ
Judgment / End of trial
Status of Accused
No information
Offense / order
NBTC Act, Radio and Television Broadcasting Business Act 2008
Summary
On 17 June 2012, A television show “Thailand Got Talent” was criticized for broadcasting an inappropriate content. One of the contestants, Ms. Duangjai Jansuanoi, was seen topless, painting on a canvas with her bare breasts, spurring strong criticism among the public. Her act was deemed to be an obscenity rather than artistic expression.
Details of offence according to charge
On 17 June 2012, Duangjai Jansaunoi or Jansanoi or Pond, one of the contestant of Thailand Got Talent showed her talent by drew a painting with her bare breast. Duangjai's performance was criticized widely. It was seen as decency show rather than art performance. Later on the NBTC fined the Channel 3 in the sum of 500,000 Bath for intentionally violated section 37 of the Radio and Television Broadcasting Act of 2008.
Later on Thonglor Police Station indicted Duangjai, Workpoint Entertainment and the Unilever (Thailand) for committed a shameful act in public by being naked or exposing body under section 388 of the Criminal Code.
Progress of case
17 June 2013
Thailand’s Got Talent broadcast the show where a 23 year old female contestant from Phare province, Duangjai Jansaunoi or Jansanoi or Pond showed her talent by drew a painting on a canvas with her bare breasts.
After the show was broadcast. there was a widespread criticism over her performance on the Internet, debating whether her performance was art performance or obscenity.
At the same time, pornography of female look alike Duangjai was also leaked in the Internet.
18 June 2012
The Family Network Foundation, Foundation for Child Development, Media For Youth Foundation, and Family Media Watch Network, led by Unya-orn Panitpuengrat, chairwoman of Family Media Watch Network, submitted a petition regarding the Thailand's Got Tallent case to the National Broadcasting and Telecommunication Commission (NBTC) and requested as following;
1. Demand the Channel 3 and Work Point Entertainment to made a statement of apology to public.
2. Request the NBTC’s committee to impose the highest sanction according to the law to the producers of the show in order to set a standard to other.
3. Request the NBTC’s committees to proceeding with the allocation of broadcasting time in order met the international standards of programing measurement (quality rating) urgently.
At the Royal Cliff Hotel, Chon Buri. Sukumol Kunploem, Minister of Culture stated that, as she is in charge of the Ministry of Culture, it was in her concern that such content was broadcast as it will effect the youth who watched the program.
Parent must explain to their children whether the show was an art performance or not and what are the real art. It is true that the program did encourage the youth to express their talent but such expression need a certain limitation.
Meanwhile, Mr. Panya Nirandkul, executive of Work Point Entertainment, the company that produced Thailand Got Talent made a statement apologized for any offense caused.
Panya explained that the performance was matched with concept of the show this year that is "daring is winning" for this reason it was allow to broadcast.
Panya further stated that this sort of performance is existing in the country therefore, it should not be conceal. However, when the show was broadcast the producer already censored as much as possible.
19 June 2013
The source that claimed to be a friend of Duangjai reveal that Duangjai was not an independent artist but she is professional nude model of one of the model magazine.
The show (TGT) hired Duangjai to perform in the sum of 10,000 Bath. According to the source, TGT hired Duangjai because it believed that Duangjai's performance will increase rating of the show.
In the evening of the same day Panya Nirandkul gave interview in "Hot Topic This Evening" a news talk program broadcast via the Channel 3 denied that the program did not hired Duangjai to perform as the rumored said. Panya also apologized to the public and promise that such an incident will not occur again.
20 June 2013
Lt.Gen. Perapong Manakit, chief of the NBTC’s subcommittee on programming and content stated that resolution of the NBTC regarding this matter is to fine the Channel 3 in the sum of 500,000 Bath for committed the violation against section 37 of the Public Broadcasting Act of 2008 as it allowed the broadcasting of an inappropriate content.
Lt.Gen. Perapong also stated that if such a violation is commit again, the NBTC can order MCOT to order BEC to remove such the show from air time or order MCOT to terminate contract signed with the BEC.
21 June 2012
Deputy Metropolitan Police Chief Pol. Maj.Gen. Anuchai Lekbamrung instructed Thonglor police station to investigate the matter and to press the charge against Duangjai who perform the indecent act.
He also instructed the police to investigate whether Workpoint Entertainment and Unilever acknowledge this matter or not.
If case is well grounded the police were instructed to indicted those who involved for committed shameful act in public by being naked or exposing body under Section 388 of the Criminal Code.
25 June 2012
Kaosod online reported that Nawat Isarakraisil, host of “Miracle of Life”, a tv program aired on Moder Nine TV (Channel 9), conducted an interview with Duangjai at her house in Phrae province.
Before the interview the program (Miracle of Life) found that Duangjai 's life was difficult since she was young. Currently she working as a nude model. Since her family was poor Duangjai had to support the whole family including her paralyzed father.
Duangjai revealed that she was hired for 10,000 Baht to perform such an act on the show in order to boost its ratings. She said, at first, an agent told her to wear a bra and jeans while painting; however, when she is about to perform the agent told her to remove her bra and paint with her bare breasts.
Duangjai admitted that she felt uncomfortable nevertheless, she had to perform accordingly because she was ranning out of option, her husband was unemployed and she needed to feed her baby.
27 June 2012
As the NBTC have had an opinion that the Channel 3 clearly violated the law. Thakorn Tantasit, secretary of the NBTC sent a letter to the managing director of Bangkok Entertainment Company Limited (BEC), operator of the Channel 3.
The letter ordered the BEC to pay the fine in the sum of 500,000 Bath for the violation of Section 37 of the Radio and Television Broadcasting Act of 2010 within 15 day.
For public interest, the fine will be send to the Radio and Television Broadcasting Research and Development Funds.
30 June 2012
At 4 PM, Duangjai gave interview regarding the incident in the “Miracle of Life” broadcast via Modern Nine TV (Channel 9). After the program was broadcast, the public relations section of WorkPoint Entertainment stated that what Duangjai said was clear the WorkPoint did not involved with the incident, it was the agency who hired Duangjai to do such a performance.
Duangjai also incited that she did not met with any WorkPoint's staff before her performance. WorkPoint believed that Duangjai only wish to live in peace therefore it did not contract her again after the incident.
3 July 2012
At 1.30 PM, Watchara Petthong, Head of the House's Subcommittee on Political and Media Development held the meeting regarding Thailand Got Talent Incident at the Parliament and invited all stakeholders to participated
Panya Nirandkul, president of WorkPoint Entertainment stated that he will take responsibility for mistake that occurred and vowed to prevent such a mistake in the future. He also affirm that in the future, content will be produce in accordance with norm of the Thai society.
Panya also said that he already made a statement of apology to public via the program, the incident that occurred was an accident and it happen only one time. Panya raised the question that if the incident was perceived as guilt. It is guilty or not if other program rebroadcast all or part of the incident.
Meanwhile, Ratanakorn Thongsamran, secretary of NBTC's subcommittee on programming and content, said that NBTC already fined the Channel 3 in the sum of 500,000 Bath which was the highest penalty provided by law.
Ratanakorn also stated that further rebroadcasting will be consider as the violation of the law. If the complaint was filed, the subcommittee will response to the case and will pass it to the NBTC to take an appropriate action.
Additional Information
Thailand was the 43rd country of the world and the 5th country of Asia that produce and broadcast The Got Talent Series
