Charter seeks to curb ‘hate speech’
The new charter will introduce a limit on freedom of speech to prohibit forms of expression that incite hatred and violence.
Kamnoon Sidhisamarn, spokesman for the Constitution Drafting Committee (CDC), said the new charter will allow for the introduction of anti-hate laws to prevent hostility and violence.
Mr Kamnoon said previous charters permitted restrictions on freedom of speech to maintain national security, safeguard others’ privacy, maintain public order or morality, and prevent damage to the physical and mental health of the people.
He said so-called “hate speech” will be added to these measures under the new charter. “The use of speech to incite hatred is a crisis that has been going on for several years,” he said. “Not only the general public, but the media are also accused of engaging in hate speech.”
Mr Kamnoon said the definition of hate speech will follow that of the International Convenant on Political and Civil Rights (ICPCR).
Disputes on the issue will be heard by the Constitutional Court or other courts, he said, although procedural details cannot be included in the constitution.
The CDC spokesman played down concerns the changes will lead to further restrictions on freedom of expression, saying there will be another legal provision to make sure the rules are not exploited.
“We can’t avoid differences when it comes to political views. But we need to co-exist without the threat of hostility and violence,” he said.
In the 2007 charter, press freedom is included in the section on freedom of speech for individuals. In the new charter, Mr Kamnoon said it will be addressed in a separate section.
He said the CDC has included a note in the new charter to define hate speech as a collective act of a group of people to stir hatred and discrimination, not an act of an individual.
CDC member Manich Suksomchitra warned the issue of hate speech in the press should be clearly defined or it could be used to silence critics and restrict press freedom.
The CDC has proposed that individuals should not be allowed to hold shares in several media outlets for fear they could hold too much editorial sway. Advertisement purchases by state agencies should also be better regulated, the committee said.
Meanwhile, the CDC also has agreed the rights of all individuals, regardless of birth gender, must be protected. This is to make sure that those whose sexual identity does not match his or her biological sex will not face discrimination.