US embassy cable - 05BANGKOK6269

UNCLAS BANGKOK 006269 
 
SIPDIS 
 
INFO ASSOCIATION OF SOUTHEAST ASIAN NATIONS 
HQ USPACOM HONOLULU HI 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PGOV, TH, Media/Freedom of the Press 
SUBJECT: SENATE SELECTION OF NATIONAL BROADCAST COMMITTEE 
COMES AMID CONTROVERSY 
 
REF: (A) BANGKOK 6240 (B) 2005 BANGKOK 3522 (C) 2004 
     BANGKOK 1367 
 
1.    (SBU) SUMMARY.  After a long series of delays, 
Thailand's Senate nominated 7 candidates to the National 
Broadcasting Commission (NBC) on September 27th.  The 
selection of the candidates came amid controversy, as many of 
the Senators allegedly had previous connections with some of 
the candidates they selected.  Critics are saying that in 
light of the governing Thai Rak Thai (TRT) party's already 
strong control over much of Thailand's media, this latest 
step is a serious blow to press freedom in Thailand.  A legal 
challenge from a failed nominee together with vocal criticism 
coming from within the Senate itself could still derail the 
process for the new nominees.  END SUMMARY. 
 
A LONG TIME IN THE MAKING 
 
2.    (SBU) 
 
The final selection of the NBC has been a long time in the 
making (Reftels B and C).  The job of the NBC commissioners 
is to regulate the multi-billion baht broadcasting industry 
within Thailand.  Among their most important tasks is to 
allocate the use of frequencies used by government agencies, 
the police, the military, and any other media outlet. 
Critics say that the TRT has influence over many of the 
Senators involved in the selection process and will use a 
friendly NBC to favor its supporters in the allocation of 
frequencies and shut out its opponents. 
 
3.    (SBU) 
 
The 7 commissioners were selected from a group of 14 
finalists.  Given the controversial nature of the 
appointments,  the Senate spent 5 hours debating whether or 
not they should continue selecting the finalists, or start 
all over again from scratch.  Although a smaller Senate 
committee had already determined that many candidates had 
government or military ties that presented a conflict of 
interest, the Senate ultimately decided to go ahead with the 
vote anyway -- on the condition that it be done under a 
secret ballot.  The combined vote total of the 7 winners was 
 
SIPDIS 
50% higher than the other 7 candidates, which made the 
contest hardly close.  In addition, 83 Senators voted for the 
exact same slate of 7 that were elected.  However, those 
selected appeared to be qualified -* 5 of those selected are 
high-ranking academics, and all 7 nominees have professional 
backgrounds in the media. 
 
CONTROVERSY COULD GROW 
 
4.    (SBU)  Comment:  The newly-selected nominees are by no 
means assured automatic appointment to the Commission.  There 
remains a legal and political minefield.  The seven names 
will go to the Palace for the King's formal approval. 
Whether the Palace will approve the nominees while a vocal 
minority of the Senators protest their illegitimacy remains 
uncertain.  Another point of danger in the process is the 
petition filed in the Administrative Court by failed nominee 
Pramut Sutabut, who charged that the recruitment process for 
the nominees was illegitimate.  If the Administrative Court 
rules that the recruitment process was indeed illegitimate, 
then the Senate would have sent a tainted list to the Palace 
for approval.  With the controversy over Auditor-General 
Charuvan's nomination still rankling the public (Ref A), 
another case of suspect practices in the Senate selection 
process could further sully the upper house's image. 
 
 
 
 
BOYCE