Case

Case name

"Hard Core Khao"

Name of persons / Name of Media

Ekachai Chainuvati

Status of Accused

Others()

Offense / order

Radio and Television Broadcasting Business Act 2008

Summary

Ajarn Ekachai Chainuvati and Prof. Dr. Surapon Nitikraipot were invited by Lt. Gen. Chatudom Titthasiri, Managing Director of Royal Thai Army Radio and Television Channel 5, to join “Hard Core Khao” TV program, on 10 December 2013. It was a political debate, whether the Prime Minister must resign, or must act on behalf of Prime Minister according to the Constitution. But the program was canceled.

Basic information

Background of accused

Ajarn Ekachai Chainuvati was born in Bangkok, on 24 October 1974. He completed Bachelor of Laws from Thammasat University, completed Master Degrees from 3 universities; Master of Laws in International Law from Washington D.C. University, Master of Comparative Laws from University of Michigan, and Master of Arts in Law and Diplomacy, Fletcher School of Law and Diplomacy in Massachusetts. He came back to work in politics with “Dr. Surakiat Sathianthai” for 4 years. He then changed to work as a lecturer in the Faculty of Law, Siam University for 9 years. He holds the position of Deputy Dean, Faculty of Law, Siam University.

During the end of 2013, when there was an excessive political conflict, Ajarn Ekachai was interviewed by many medias. His ideas were likely to be against PDRC’s rallies, and he supported a general election after the parliament was announced dissolve.

Prof. Dr. Surapon Nitikraipot completed high school from Loei Pittayakom School, completed Bachelor of Law (2nd Class Hons) from Thammasat University, completed Barrister-at-Law class of 35th, from Thai Bar Association, completed Diplome d’etudes, approfondies de droit public, from Université Strasbourg III, France, completed Doctorat de l' Université Robert Schuman de Strasbourg (mention tres honorable), from Robert Schuman University, France, and completed a training course and a diploma in Decentralisation and Local Governance, from Institut International d’Administration Publique (IIAP), Paris, France. He held many significant management positions; such as, Director of Diploma of General Law Training Course Program, Faculty of Law, a legal consultant, Sirindhorn International Institute of Technology, Thammasat University, Dean of Faculty of Law and Rector of Thammasat University. After 2006 Thai coup d'état, Prof. Surapon was appointed a Member of National Legislative Assembly.

During the end of 2013, when there was an excessive political conflict, Prof. Dr. Surapon was interviewed by many medias. His ideas supported PDRC’s rallies, and he supported the acting Prime Minister to resign, in order to create a political deadlock, and establish the People’s Council to reform the Country before a general election.

Complainant / Plaintiff

Royal Thai Army Radio and Television Channel 5. Lt. Gen. Chatudom Titthasiri, Managing Director

Legal Claims

Others (Cannot identify)

Form of restriction on freedom

Blocking / Ban
Type of media

Television
Province

Bangkok

Details of offence according to charge

Ajarn Ekachai Chainuvati and Prof. Dr. Surapon Nitikraipot debated on “Hard Core Khao” TV program, about political situation , whether the Acting Prime Minister, after the parliament was dissolved, should act on behalf the Prime Minister, according to the Constitution, or the Prime Minister can resign from being caretaker Prime Minister, and create Political Reform Council. Channel 5 decided not to air this program, without giving any reasons.

Progress of case

9 December 2013

People's Democratic Reform Committee (PDRC) called for big rallies to drive out the government, led by Prime Minister Miss Yingluck Shinawatra. After a continuous rally for more than a month, during that morning about 8.00 hrs. before the appointed time of the protesters, the Prime Minister announced the Royal Decree regarding Dissolution of Parliament. But the protesters still gathered, and asked the whole cabinet to resign from acting positions, in order to create deadlock, and declared to establish People’s Council to reform the Country.

10 December 2013

Ajarn Ekachai Chainuvati and Prof. Dr. Surapon Nitikraipot were contacted by Channel 5to record “Hard Core Khao” TV program, which would be aired on Channel 5, at 18.00 hrs., on the same day. They were contacted by Lt. Gen. Chatudom Titthasiri, Managing Director of Royal Thai Army Radio and Television Channel 5. The recording time was about 40 minutes.

In the afternoon before the recording time, Lt. Gen. Chatudom talked to the TV guests and informed them that the Thai Royal Army’s policies, led by General Prayuth Chan-ocha, had a point of view to be neutral, and allow expressing opinions freely.

During the recording time, Lt. Gen. Chatudom Titthasiri was an overseer for the whole time. The content of the debate was that Prof. Dr. Surapon Nitikraipot suggested that after the Parliament was dissolved, the Prime Minister should resign from being caretaker Prime Minister. This would be an opportunity to beg for His Majesty's grant to appoint a Prime Minister, who would reform the Country according to PDRC’s way. He explained the royal-granted Prime Minister, Mr. Sanya Dharmasakti in 1973, which was an example of begging for His Majesty's grant to appoint a Prime Minister. Prof. Dr. Surapon viewed that it was necessary to postpone the general election, because the Country must be successfully reformed first.

Ajarn Ekachai Chainuvati suggested that after the dissolution of parliament, the Prime Minister must continue as a caretaker Prime Minister. She couldn’t resign from this acting position, because Article 181 of the Constitution clearly stated. Begging for His Majesty's grant to appoint a Prime Minister is unachievable, because it was against the principles of democracy in the constitution, also trouble His Majesty, and was forbidden by law. Ajarn Ekachai referred to Constitution Drafting Assembly of Thailand’s (CDA) meeting minutes, No., 33/2550, page 30 – 31, Mr. Charan Pakdeethanakul gave an opinion that when the Prime Minister announced dissolution of parliament, the Constitution enforced them to act on behalf of. When Miss Yingluck Shinawatra announced dissolution of parliament, it was the government’s responsibility to have no further loss as in 2010, during Mr. Abhisit Vejjajiva’s administration. It was when many Red Shirt protesters lost their lives. But no one had died in this dissolution announcement.

When the recording finished, Lt. Gen. Chatudom called on the phone to edit some content, which wouldn’t relate to 2010 Thai military crackdown and people who died from the previous government. He claimed that “recalling the past” was unnecessary. Ajarn Ekachai understood completely, because Channel 5 is the Royal Thai Army’s Channel. He said that there was no problem in editing some content, in order to peacekeeping.

At the airing time, 18.00 hrs., the Channel didn’t broadcast the recorded program. Instead, they asked Assoc. Prof. Dr. Jade Donavanik, Dean of Graduate School of Law, Siam University, to be aired live by himself, and to discuss according to Prof. Dr. Surapon Nitikraipot about begging for His Majesty's grant to appoint a Prime Minister which was a one-sided opinion.

After that, Ajarn Ekachai contacted Lt. Gen. Chatudom back again. He was informed that the program would be aired the following day (11 Dec 2013), at the same time. However, on the next day, the program wasn’t aired. He then contacted Lt. Gen. Chatudom again, but couldn’t reach him.

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