Charter will block media monopolies

Media ownership will be strictly controlled to prevent monopolies under the new constitution.

The new restriction would mean media owners will be restricted when they seek to buy or merge with other media outlets.

The dispute between MAI-listed Solution Corner (1998) Plc (SLC) and SET-listed Nation Multimedia Group (NMG) is now a case study for the broadcasting industry. The regulator’s eventual ruling on the controversial case will become the guideline on cross-holding media ownership.

SLC bought a 12.27%% stake in NMG late last year but its entry was not welcomed by NGM management and staff who feared its editorial independence would be compromised.

SLC also has Spring News Channel, a digital TV channel owned by subsidiary Spring News Corporation, while NMG runs Nation TV and Now TV via subsidiaries Nation Broadcasting Corporation (NBC) and NBC Next Vision Co.

“We will oppose media mergers and acquisitions because they may affect Thai people when they consume news, as the information will not be different and will be dominated by big media players,” said Suwanna Jitprapas, adviser to the Foundation for Consumers.

Piyabutr Bunaramrueang, a law lecturer at the University of the Thai Chamber of Commerce, said the Broadcasting Act’s sections 31 and 32 mention media dominance, both economically and socially.

However, it is difficult to define what media dominance is because the National Broadcasting and Telecommunications Commission (NBTC) does not provide any criteria.

The NBTC can implement auction rules that digital TV licence holders in the same category cannot own more than a 10% stake in each other.

Parent companies of digital TV licence holders should get permission from the regulator before transactions, Mr Piyabutr said.

Patanaporn Kowpatanakit, a law lecturer at Chulalongkorn University, said the NBTC had legal rights to order the parent companies of digital TV channels to clarify financial transactions and scrutinise cases.

This is the legally and internationally accepted standard for the regulator.