We need to rein in street protests, government claims

The move is seen as a way to control anti-government rallies by its arch-opponent the People's Alliance for Democracy.

Prime Minister Samak Sundaravej got the government spokesman to distribute papers outlining Article 63 of the Constitution, which gives people the right to gather without arms, to reporters at Government House.

Spokesman Wichianchot Sukcho-trat said the government would add some content to Article 63 to stipulate that "a person shall enjoy the liberty to assemble peacefully and without arms and without wrongful accusations to defame others and without instigating and misleading the public, without using the media to support their campaigns, without forcing and hiring any groups to join the protest".

Choosak said that once the Article was amended in this way, the PAD would not be able to hold its rallies and defame others without basis in fact.

PAD leader Chamlong Srimuang said: "We don't care about the amendments for each Article. We oppose amendment of any part of the Constitution, anyway."

During his "Talk Samak Style" programme on Sunday, the premier accused the PAD of opposing changes to the Constitution because it feared losing the right to protest.

Choosak said the government had the right to restrict individuals' freedom to hold a peaceful gathering on the basis of securing public convenience in the use of public places.

"If the gatherings block traffic or public way, we must issue a law to deal with the problem," he said.

The government would consider whether protesters must seek permission for their gatherings and whether there should be a committee to oversee the matter and what other restrictions there should be.

Chulalongkorn University political scientist Trakul Meechai said the government would face strong opposition nationally and internationally as the proposed amendment would limit people's rights and freedom.

"Article 63 is not only for the PAD. It is for all Thais," he said. "People have personal judgement. They will decide if the information is true. How can you prove that? How can people be sure what Samak said in his programme is true? If farmers in trouble rally, will the government need proof of what they say before they can do anything?"

Trakul said there were other related laws such as libel suits to rule on defamation. Limiting people's freedom to gather could lead to restrictions in other areas.

Democrat Party leader Abhisit Vejjajiva said he disagreed with the idea. Article 63 in the new charter was written similar to the 1997 Constitution. Therefore the plan to change it was not likely to be for more democracy but to maintain the government's power and violate people's basic rights. The change would also affect the country's image overseas.

The government said its restriction on such liberty "shall not be imposed except by virtue of the law specifically enacted for the case of public assembly and for securing public convenience in the use of public places or for maintaining public order during times when the country is in a state of war, or when a state of emergency or martial law is declared".