Asc. Prof. Sudharma Yoonaidharma

President,

Academy of Public Enterprise Policy and

Regulation (APaR)

Dean, School of Law

University of the Thai Chamber of Commerce

Population

66,720,153 (2011 estimate)

GDP (PPP) 2013 estimate

Total $701.554 billion

Per capita $10,849

GDP (nominal) 2013 estimate

Total $424.985 billion

Per capita $6,572

Thailand Amidst Change

The Kingdom of Thailand

Government: Unitary parliamentary constitutional monarchy

- King Bhumibol Adulyadej (Rama IX)

- Prime Minister Yingluck Shinawatra (PT)

Legislature National Assembly

- Upper house Senate

- Lower house House of Representatives

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Thailand Digital Television

48 digital TV channels, 3 categories

- public television (12 channels)

- commercial television (24 channels)

- community television (12 channels)

Broadcasting frequencies used for commercial digital TV must be set to an "auction method”

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Commercial Digital TV Auction in Thailand

Forward Auction (electronic auction)

24 licenses for commercial digital TV will be categorized into 4 groups

(i) 7 HD variety channels

(ii) 7 SD variety channels

(iii) 7 SD news channels

(iv) 3 SD children's programming.

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Commercial Digital TV Auction in Thailand

Application form will be cost 1 million Baht.

Application bidders will be required to deposit 10% of each category's reserve price.

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Digital TV Licenses No. Licenses

License Fees

(Millions THB) Potential Licensees

DTT-Child 3 150 (Auction) Unknown

DTT-News 7 (HD disqualified) 220 (Auction) Current

Free-to-Air,

Satellite TV and

Cable TV

DTT-SD 7 380 (Auction)

DTT-HD 7 (News

disqualified) 1,510 (Auction)

DTT-PBS-Edu

12 (Beauty Contest and

Giveaway)

Governments,

Foundations,

Universities

DTT-PBS-Sec’y

DTT-PBS-State

DTT-Community 12 Unknown Unknown

MUX 4 Giveaway RTA, MCOT, PRD,

TPBS

The Landscape: Constitution And Legislation

Legal Setting guarantees right to information; freedom of speech, special regime for spectrum, freedom of journalist.

iNRA

Privatization and Liberalization required by law.

Reality

bites !

Outline

1. Political Setting and power sharing in Thailand

2. Thai media Industry

3. Media's Struggle to find its freedom in Thailand

Development of Thai Broadcasting

1881-1932

1932-1973

The birth of Thai telecommunications

The period of military rule

The left-right political confrontation

1973-1980

The political linearization

1932-1973

The democracy interrupted

1991-1992

The rebirth of democracy

1992-present

The Birth of Thai Television

The Thai television Chanel 4 started broadcasting on June 24, 1955

It was operated by Thai Television Co. Ltd., ( MCOT in the present)

1000 televisions in the first year and increased to 16,000 the year later.

Broadcasting Act 1955

Television for political purpose

Field marshal Sarit decided to establish the second television station to compete with Pibul’s channel

The Royal Thai Army Radio and Television, channel 7, was inaugurated on Jan 25, 1958 by the ministry of defense.

Television was a used by

General Pibul and Field marshal

Sarit as a tool for military

and political issues.

The Birth of Thai Radio

In 1907 Telegraph radio from Great Britain was introduced into Thailand by the Royal Navy.

The first broadcast, on 4PJ station, began on 30 May 1928.

Radio-Telegraph Act 1930 allowed people to own radio resulting in 11,007 radio registered in Thailand by the end of 1931.

Thai Radio and the Military’s Propaganda

During the WW II, radio played an important role for the government’s propaganda.

Based on AFL and Revision booklets and activities created by Roy Huggins and the

Mexborough History Department.

The Nazi regime: how effectively did the Nazis control Germany,

1933-45? by Modern World AFL and Revision

อาจารยส์กลุศร ีศรสีารคาม

Thai Radio during the Left-Right Confrontation.

Radio was effectively used as a tool to protest the student’s demonstration.

The rightist were presented as nation, religion, and monarchy while the leftist was blamed as a communist.

Thai Media during the Left-Right Confrontation.

The government fully controlled all medias by performing a strict monitoring of media contents.

Political Setting and

power sharing

Tripod Political Superstructure

Summary of the 3 July 2011 House of Representatives of Thailand general election results

Parties Constituency Proportional TOTAL

Votes % Seats Votes % Seats Seats %

Pheu Thai

12,211,604 44.3 204 15,744,190 48.41 61 265 53.0

Democrat

8,907,140 32.3 115 11,433,762 35.15 44 159 31.8

Bhumjaithai

3,123,567 11.3 29 1,281,577 3.94 5 34 6.8

Chartthaipattana

1,259,595 4.6 15 906,656 2.79 4 19 3.8

Lèse-majesté: The King Never Smile

Self-censorship

Self-censorship

Debate Related to the Monarchy:

The Royal Institution Under the Constitution

The Royal Institution Under the Constitution (1)

The Royal Institution Under the Constitution (2)

Lèse-majesté: Da Torpedo

Article 112 of the Criminal Code

“whoever defames, insults or threatens the king, Queen, the heir-apparent or the Regent shall be punished with imprisonment of three to fifteen years.”

Thai Media Industry

66.9 million people 19.5 million of household (2009)

Television is by far the most popular medium in Thailand

Household owning equipment in Thailand

TELEVISION SECTION

Television ADEX share gains have been very strong in 2012

Source: MCOT Annual Report

Thailand’s TV penetration higher than its peers

Thailand Television Reception Platforms

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Household Ownership of Terrestrial TV

Year %

2007 78.10

2008 71.10

2009 68.65

2010 68.65

Source: AGB Nielsen Media Research

Thai Broadcasting Industry landscape

Television Market Share (ADEX) 2012

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ch7

Ch3

Ch9

Ch5

Televion Audience Share 2012

Source: MCOT Annual Report 2012

Thailand TV Platforms

TV Platform Coverage (million households)

Free-to-air (plus other platforms) 22.6 (100%)

Free-to-air (only platform) 8.12 (36%)

Local Cable 2.43 (11%)

C-Band Satellite 7 (30%)

Ku-Band Satellite 3.5 (15%)

Source: AC Nielsen (2012)

RADIO SECTION

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Radio Listenership in Bangkok

Overview of Thai Radio

Thailand has 204 AM stations, 334 FM stations and 6 shortwave broadcasters (2011).

The delay in establishing the NBC, radio frequencies remain in the hands of government agencies such as military, state universities, the Posts and Telegraph Department, the Public Relations Department (PRD) (National Broadcasting Services of Thailand) and MCOT. These agencies operate broadcasting directly.

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Ownership of Thai Radio Station in 1999

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อาจารยส์กลุศร ีศรสีารคาม

Overview of Community Radio in Thailand

• Community radio stations were allowed by the 1997 Constitution but the absence of NBC rendered all stations unlicensed.

• There are approximately 10,000 community radios in Thailand. • Broadcasting Act of 2008, all broadcasters, stations and operators

must have license from the broadcasting regulator. • In 2012, community radio stations operate under temporary licenses

issued by the NBTC. • Community radio is mostly used amongst political groups to express

political idea, mainly the red-shirt’s stations. • Provisional CR License

Printed Media

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Newspaper readership in Thailand (2007-2009)

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Ownership of Print Media in Thailand Newspaper Publishing company Annotation

Krung Thep Turakij (Bangkok

Businees)

Nation Multimedia Group Business dailies

Kom Chad luek Nation Multimedia Group Mass-circulation dailies

The Nation Nation Multimedia Group English-language dailies

Khao Sod Matichon Plc Mass-circulation dailies

Matichon Matichon Plc Mass-circulation dailies

Prachachart Turakij Matichon Plc Semi-weekly business

newspapers

Daily News Seepraya Plc Mass-circulation dailies

Thairath Vacharaphol Company Mass-circulation dailies,

Thailand’s most influential

newspaper.

Bangkok Post Post Publish Plc English-language dailies, major

shareholders include the Chirathivat

family (owner of central group), the

South China Morning Post of Hong

Kong and GMM Grammy Plc.

Post Today Post Publish Plc Business dailies

Thai Post Thai Journal Group Mass-circulation dailies

Poo Jad Karn (Manager) Manager Group asset of Sondhi Limthongkul,

the leader of PAD movement.

Than Settakij Than Settakij Plc Semi-weekly business

newspapers

Newspaper Readership (2007-2009)

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Role and influence of printed media in politics.

Printed media was influential in Thailand’s politics in the past. Publishers and columnists played leading roles in criticizing and guiding the public policies.

Today printed media is declining. Everyone is moving to broadcasting and internet.

Printed media become more niche. The Reds publish their own newspapers and magazines. These publications are self funded by red supporters and not available in public book store.

The great flood and the decline of newspaper and radio share

The Ad spending on newspaper and radio is dropping off

Constitutional Guarantee

CONSTITUTION OF THE KINGDOM OF THAILAND 2007

Part 7 Liberties in Expression of Persons and Mass Media

Freedom of Speech

Freedom of the Press

Freedom of speech

Section 45. A person shall enjoy the liberty to express his or her opinion, make speeches, write,

print, publicise, and make expression by other means.

The restriction on the liberty under paragraph one shall not be imposed except by virtue of the provisions of the law specifically enacted for the purpose of maintaining the security of the State, safeguarding the rights, liberties, dignity, reputation, family or privacy rights of other persons, maintaining public order or good morals or preventing the reterioration of the mind or health of the public.

The closure of a newspaper or other mass-media business in deprivation of the liberty under this section shall not be made.

The prohibition of a newspaper or other mass-media business from presenting information or expressing opinions in whole or in part or imposition of interference by any means in deprivation of the liberty under this section shall not be made except by virtue of the law enacted under paragraph two.

The censorship by a competent official of news or articles before their publication in a newspaper or other mass media shall not be made except during the time when the country is in a state of war; provided that it must be made by virtue of the law enacted under paragraph two.

The owner of a newspaper or other mass-media business shall be a Thai national. No grant of money or other properties shall be made by the State as subsidies to private newspapers or other mass media.

Special Regime For Spectrum

Section 47. Transmission frequencies for radio or television broadcasting and telecommunication are national

communication resources for public interests.

There shall be an independent regulatory agency having

the duty to allocate the frequencies under paragraph one and

exercise supervision over the operation of radio or television

broadcasting businesses and telecommunication businesses as

provided by law.

In carrying out the act under paragraph two, regard shall

be had to optimal benefits of the people at national and local levels

in education, culture, State security, other public interests and free

and fair competition, provided that public participation in the

operation of public mass media shall also be encouraged.

In exercising supervision over the operation of businesses

under paragraph two, there shall be measures for preventing any

merger, cross right-holding or market dominance amongst mass

media businesses or by any other person, which has the effect of

impeding the liberty of the public in perceiving information or of

obstructing public access to a diversity of information.

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Freedom of the press

Section 46. Officials or employees of privately-owned newspaper, radio or television broadcasting or other mass-media businesses shall enjoy their liberties to present news and express their opinions under the constitutional restrictions without any mandate of any Government agency, State agency, State enterprise or the owner of such businesses provided that it is not contrary to their professional ethics, and have the right to establish organisations protecting rights, liberties and fairness and establish self-regulatory mechanisms within professional agencies.

Government officials, officials or employees of a Government agency, a State agency State enterprise engaging in a radio or television broadcasting business or any other mass media business shall enjoy the same liberties as those enjoyed by officials or employees of privately-owned businesses under paragraph one.

Any act of a person holding a political position, a State official or a business owner which, whether directly or indirectly done, impedes or interferes with the presentation of news or the expression of opinions on a public issue by persons under paragraph one or paragraph two shall be deemed as an intentionally undue exercise of powers and duties and shall be of no effect, unless done in compliance with the law or professional ethics.

Media Reform Alongside With Politics

The delay in establishing the regulator (NBC).

The New Constitution legislated that the NBC will have to merge with NTC, the telecom regulator, in order to form coverage regulator called NBTC

Media's Struggle to find

its freedom in Thailand

The Formation of NBTC

NBTC Selection

The NBTC will consist of 11 members

- 5 Telecommunication Commission

- 5 Broadcast Commision

The Chairman of NBTC are not allowed to sit in either Commissions.

October 2011, the first "convergence" regulator consists of

-6 Military or Police

-2 civil society organization

-3 former bureaucrats.

key task of the NBTC is to adopt at least three Master plans include;

1. The Spectrum Master Plan

2. The Broadcasting Master Plan

3. Telecommunications Master Plan

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Topless painter on Thailand’s Got Talent

Topless painter on Thailand’s Got Talent

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Broadcasting Business Act. 2008 (replaced 1955 Broadcasting Act.)

All commercial licensees have to broadcast news and information programs for at least 25 percent of their

total airtime (Article 33).

Regional (or local) commercial licensees have to broadcast regionally (or locally) produced programs

meeting the minimum ratio set by the NBTC (Article 33).

All licensees have to broadcast news and issue warnings in the event of a natural disaster or emergency, if

requested by the competent authorities (Article 35).

To protect children and young people, all licensees must refrain from broadcasting certain types of

programs during times specifi ed by the NBTC (Article 34).

To promote greater access to broadcasting programs for the disabled and the disadvantaged, all licensees

must provide services appropriate to their viewing or listening in a manner established by the NBTC

(Article 36).

All free-to-air commercial licensees are allowed to advertise no more than 12.5 minutes in any broadcasting

hour and no more than 10 minutes per hour on average (Article 23).

subscription-based broadcasters are allowed to advertise no more than 6 minutes in any broadcasting hour and

no more than 5 minutes per hour on average (Article 28).

Licensees shall not broadcast programs that undermine the democratic regime, national security, public

peace and morals, or air pornographic or obscene contents, or programs that cause severe degradation of

people’s mental and physical health (Article 37).

EURO2012

Must-Carry Rule:

§4 General television service providers shall continually broadcast their programmes, as submitted with NBTC Office, with the same content on every channel of both terrestrial system and satellite system without modification…

§ 5 Television network provider who provides services for general television service providers has a duty to rebroadcast programmes of both terrestrial system and satellite system without modification of its content and schedule.

FIFA World Cup 2014

Must-Have Rule:

For the purpose of promoting and protecting the right of the people especially the disadvantaged to access to and benefit from television programmes equitably and universally, the live programmes according to the annex of this rule shall only be broadcasted via general television platforms.

Annex

1. South-East Asian Games, SEA

Games

2. ASEAN Para Games

3. Asian Games

4. Asian Para Games

5. Olympic Games

6. Paralympic Games

7. FIFA World Cup Final

English Premier League

2010-2013, TrueVisions offers free broadcast of 17 matches via free-to-air platform .

2013-2016, CTH also offers free broadcast of 19 matches via free-to-air platform .

While the very high potential new comers are trying so hard to enter the

market, after all, free-to-air operators still has the upper hand, not to mention their own firmly established free-to-air market.

Radio Communications Act 1955

Section 6 Any person is prohibited to make, possess, use, import, export, or trade any radio communication equipment unless that person has been granted a license from the Authorized Licensing Officer. In case where it is deemed appropriate, the Minister shall have the authority to issue the Ministerial Regulations in which they specify radio communication equipment of some characteristics or radio communication equipment used in some services to be exempted from all or some licenses indicated in paragraph one.

Section 7 Any person is prohibited to perform the duties of a radio operator in a position specified in the Ministerial Regulations unless that person has been granted a license from the Authorized Licensing Officer.

Section 8 Any person is prohibited to receive news by means of radio-communications from abroad for advertising purpose unless that person has been granted a license from the Authorized Licensing Officer.

Thank You