SATELLITE BROADCASTS: Samak raises legal grey area

PM-elect says MVTV should have same right to air policy debate as ASTV while law remains unclear

February 3, 2008

Incoming prime minister Samak Sundara-vej yesterday raised a legal grey area related to satellite television broadcasts.

He said he would allow MVTV, the station run by anti-coup activist Veera Musigapong, to broadcast the upcoming policy debate live, even though the law on the issue remains unclear.

"Although the satellite broadcast is still an unresolved issue, ASTV has received a court injunction to allow the broadcast, pending completion of a judicial review, and MVTV should get the same kind of protection," he said in reference to the litigation involving anti-Thaksin campaigner Sondhi Limthongkul.

Samak said he planned to amend relevant laws in order to clear up legal issues over satellite broadcasts.

He spoke after a meeting with leading activists from the Democratic Alliance Against Dictatorship, including Veera, Natthawut Saikua and Jatuporn Phromphan.

Veera and his fellow activists spearheaded the launch of satellite station PTV, to counter the anti-Thaksin movement. The station was later transformed to MVTV when crusading against the September 19 coup.

Its activists called on the prime minister to congratulate him on his appointment.

Veera said his meeting with Samak was a courtesy call, and he did not lobby for any positions for his group as alleged by a clique of People Power members of Parliament from the Northeast.

A source said Samak exchanged views with the activists over the position of government spokesman and two deputies.

Jatuporn is tipped to become spokesman and Natthawut a deputy. The two are expected to work under the supervision of designated Prime Minister's Office Minister Jakrapob Penkair, an alliance leader and former spokesman in the Thaksin government.

The Nation

PPP Taxi

PPP's (People Power Party) sticker like in the back of this taxi can be
seen everywhere in Bangkok before the 2007 election. It proved to be a
very effective way of getting people on their side. The more you see,
the more you can think of them when you are in the election booth.

More pictures on how PPP stay in power by staying with people

These pictures show exactly what I described earlier. PPP manage to win
the heart of majority Thai, where there is less educated, less access to
information and most of their time spend to make ends meet.

This is how PPP won

People Power Party won most seats in parliament already. But these
pictures show how they win the vote by being everywhere, mostly with the
poors and taxis.

2005 Election Theme

THailand

2005 Election theme

Vote first, pay later

Are they really afraid of EC?
Probably not. They all afraid they won't have enough MP to set up the government!!!

Court's ruling on the PTT's privatisation

Thailand - Official translation of the Supreme Administrative Court's ruling on the PTT privatization case

Panel of judges of the Supreme Administrative Court made known today (December 14th, 2007) its ruling on the PTT privatization case which opposes the Foundation for Consumers to the Cabinet, the Prime minister, the Minister in charge of Energy and the PTT plc. The plaintiffs claimed that the PTT privatization procedure is unlawful as it didn't respect the formailities prescribed in the Law of 1999 on the State Entreprise Corporatisation. The Supreme Administrative Court has to consider whether the PTT privatization procedure was unlawful as alleged by the plaintiffs and whether the Royal Decree determining the powers, rights and assets of PTT plc and the Royal Decree transforming PTT as a State enterprise into a public company are lawful.

On the first question, the Supreme Administrative Court considers that there is no illegality in the privatization procedure because there is no conflict of interests of the two members of the Committee in charge of overseeing the privatization. The court also deems legal the public hearing process as the advertisement prior to it has been sufficiently made in the local presses which have large national coverage both in Thai and in English.

As for the legality of the Royal Decree determining the powers, rights and assets of PTT plc and the Royal Decree transforming PTT as a State enterprise into a public company, the court considers that the gas transmission pipelines system and the land attached to it as well as the right of way are public domain. The PTT as a state enterprise according to the Law of 1978 on the Petroleum Authority of Thailand could possess this public domain as well as state power necessary for its functioning. The PTT as a public company is not entitled to hold this public domain and cannot exercice state power . Consequently the Cabinet must transfer the public domain comprising of the gas transmission pipelines system and the land attached to it as well as the right of way to the Ministry of Finance and must not entitle to PTT plc to exercice state power. In neglecting to do so, article 4 paragraph 2 of the Royal Decree determining the powers, rights and assets of PTT plc is unlawful and should, by way of consequence, affect the legality of the Royal Decree transforming PTT as a State enterprise into a public company. Nontheless the court is of the opinion that annulling the Royal Decree transforming PTT as a State enterprise into a public company would entail a forced delisting of PTT plc from the Stock Exchange of Thailand and would cause a great jeopardy to the financial, social and security state of the country. And as this illegality can be corrected, the Court, therefore, rules that the Cabinet, the Prime minister, the Minister in charge of Energy and PTT plc must do what is necessary to transfer the public domain comprising of the gas transmission pipelines system and the land attached to it as well as the right of way to the Ministry of Finance . The Court also rejects the plaintiffs's request to annul the the Royal Decree determining the powers, rights and assets of PTT plc and the Royal Decree transforming PTT as a State enterprise into a public company.

Secretariat General of the Administrative Courts.

The Nation