Election Commission Clarifies Legal Boundaries for Referendum Campaigning

Bangkok: In light of recent activities by referendum campaign groups, Saeng has highlighted the rights of these groups to question candidates about their stances. Saeng emphasized that while it is acceptable for campaign groups to inquire about candidates' positions, they should refrain from posting messages that could pressure the candidates, as this could be considered harassment. He stressed the importance of freedom of speech, stating it should not infringe upon the rights of others, and mentioned that printing "agree" or "disagree" on packaging is a permissible legal form of campaigning.

According to Thai News Agency, the Election Commission (EC) Secretary-General, Mr. Saweang Boonmee, addressed a situation where a group campaigning for the referendum toured parliamentary candidates to ascertain their views on constitutional amendments, subsequently posting the information online in ways that could be advantageous or disadvantageous to the candidates. Mr. Boonmee clarified that merely inquiring about a candidate's stance is allowed, although he had not yet reviewed the facts. He noted that while some candidates might be willing to respond, others may feel intimidated or uncomfortable. The actions of campaign groups using microphones in front of candidates and posting the information online are under investigation to determine any legal violations. He emphasized that such matters involve personal rights, and each case of potential rights infringement must be considered on its own merits.

When questioned about the limitations on what groups can do to solicit public opinion for the referendum without intimidation or harassment, Mr. Saeng explained that the referendum law emphasizes freedom, which extends beyond mere rights. However, exercising this freedom should not infringe on the freedom of others. While such infringement might not breach the referendum law, it could violate criminal law. He stated that the referendum law prohibits the use of false statements, and in criminal cases, individuals should not infringe on others' rights or privacy, indicating that coercing someone to respond in a particular way could constitute a crime.

Regarding the issue of referendum campaign groups verifying the stances of various political party candidates at debate forums, Mr. Saeng refrained from expressing a personal opinion. Instead, he encouraged campaigning to adhere to legal standards. The Election Commission supports such efforts to provide the public with comprehensive information. Saeng reiterated that whether individuals agree with the campaigning process is up to each group, and the Election Commission's role is to maintain a framework ensuring that the competition and referendum voting align with the Constitution. He concluded by reaffirming that asking about a candidate's stance is acceptable, provided it does not violate the law.