Press is free, not immune: charter court
Editors and newspapers must defend themselves in defamation proceedings and cannot invoke charter press-freedom provisions as immunity from prosecution, the Constitution Court said yesterday in a landmark ruling.
"Although press freedom has been enshrined in Articles 39 and 41 of the Constitution, media professionals and outlets are still responsible for any offences committed against personal rights and liberties as guaranteed by Article 34," the ruling said. By an eight-to-two majority the court decided editors and newspapers were not exempt from criminal litigation for defamation. The court was ruling on an application by Phujadkarn newspaper editor Tul Siripipatkul and employer, Manager Group. The decision is expected to set a precedent for similar cases lodged by other newspapers, including the mass-circulation Thai Rath and Matichon. Tul and Manager Group face several allegations of criminal defamation. The complainants include government prosecutors, former central banker MR Chatumongkol Sonakul and former prime minister Chuan Leekpai. The Criminal Court has adjourned proceedings in a number of defamation cases involving Tul and others pending the Constitution Court decision.
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