THAI PUBLIC BROADCASTING SERVICE ACT,B. E. 2551 (2008)
           
พระราชบัญญัติองค์การกระจายเสียงและแพร่ภาพสาธารณะแห่งประเทศไทย พ.ศ. 2551

 BHUMIBOL ADULYADEJ, REX.
 Given on the 5th Day of January B.E. 2551;
 Being the 63rd Year of the Present Reign.
 His Majesty King Bhumibol Adulyadej is graciously pleased to
proclaim that:
 Whereas it is expedient to have a law on Thai public broadcasting
service;
 This Act contains certain provisions in relation to the restriction of
right and liberty of person, in respect of which section 29, in conjunction with section
43 and section 45 of the Constitution of the Kingdom of Thailand so permit by virtue
of law;
 Be it, therefore, enacted by the King, by and with the advice and
consent of the National Legislative Assembly, as follows:
 Section 1. This Act is called the “Thai Public Broadcasting Service
Act, B.E. 2551”.
 Section 2. This Act shall come into force as from the day
following the date of its publication in the Government Gazette.
 Section 3. In this Act:
 “Program” means any content produced for broadcasting via radio and
television other than advertisement;
 “Schedule” means detailed information relating to all programs to be
broadcasted, their broadcasting periods and target group of each program;
 “Producer” means a producer of a program to be broadcasted via radio
and television;
 “Independent producer” means a producer who is not attached to, or
being officer or employee of, any radio or television station or an affiliated company
of any radio or television station or any public media, including an independent
producer carrying out small business enterprise and a producer at community level;
 “Supporter” means anyone who provides support in form of finance,
property or any other thing in the interest of the Organisation;
 “Levy” means money collected from a person who is liable to taxation
under the law on liquor and the law on tobacco as prescribed by this Act;
 “Organisation” means Thai Public Broadcasting Service;
 “Board” means the Board of Thai Public Broadcasting Service;
 “Member of the Board” means a member of the Board of Thai Public
Broadcasting Service;
 “Executive Board” means the Executive Board of Thai Public
Broadcasting Service;
 “Executive Board member” means a member of the Executive Board
of Thai Public Broadcasting Service;
 “Director” means the Director of Thai Public Broadcasting Service.
 Section 4. The Prime Minister and the Minister of Finance shall
have charge and control of the execution of this Act.
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 CHAPTER I
 Establishment and Fund
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 Section 5. There shall be established Thai Public Broadcasting
Service being juristic person, to be called in brief in Thai as “Sor. Sor. Thor.” and to
be called in English as Thai Public Broadcasting Service, “TPBS” in brief. The
Organisation shall be public media on radio and television broadcasting and shall be
State agency other than government agency or State enterprise under the law on
budgetary procedure operating upon its fund, property and income.
 Section 6. The Organisation shall have its head office in Bangkok
or any adjacent Changwat and may establish its branch office at any other place.
Section 7. The Organisation shall have the following objectives:
 (1) to carry out radio and television broadcasting which may
strengthen the development of social quality and virtue upon Thais’ value through
information service provided upon accurate, thorough, balanced and strict to code of
conduct basis;
 (2) to produce varieties, with high quality, of information, education
and entertainment program proportionally without political bias and commercial
benefit but adhering to the public interest;
 (3) to equip the public with knowledge so as to be aware of global
changes for the purpose of national and local benefits through information and other
beneficial services;
 (4) to promote freedom of information in order to strengthen
democratic society where people derive information upon equal basis;
 (5) to support direct and indirect public participation in determining
the direction of services of the Organisation for public interest;
 (6) to support other public interest activities.
 In carrying out of the objectives under (2), (3), (4) and (5), regard shall
be had to thorough and equitable access and utilization of the public.
 Section 8. For the achievement the objectives under section 7, the
Organisation shall have its principal powers and duties as follows:
 (1) to establish radio and television station, or to broadcast its
programs through other systems or other advanced technologies, whereby service
networks thereof covering the whole area of the country or establishing additional
radio and television stations as its networks. In this regard, the Organisation shall not
collect membership fee and shall not generate income from advertisement, except for
the support provided by its supporter;
 (2) to provide audiovisual media production service or other
information network system services or any other service related or beneficial to
program broadcasting;
 (3) to support and develop potential and creativity of independent
producer in the production of program;
 (4) to coordinate with government agency, private agency, community
or foreign agency or international organisation or radio or television station of foreign
public media in the production of program that enhances public knowledge or
establishes cross-cultural cooperation;
 (5) to perform any act related to, or connected with, the management
for the achievement of its objectives.
 Section 9. In addition to the powers and duties under section 8,
the Organisation shall have the following powers:
 (1) to have ownership, possessory right and real right;
 (2) to create right or engage any juristic act, within the Kingdom and
abroad, for carrying out of its affairs;
 (3) to engage joint ventures with other persons or juristic persons,
within the Kingdom and abroad, in any undertaking relevant to its objectives;
 (4) to collect fee, dues, service charge or any other consideration in
return of its services;
 (5) to perform any act related to, or connected with, the achievement
of its objectives.
 Section 10. The affairs of the Organisation shall not subject to the
law on labour protection, the law on labour relations, the law on social security and
the law on workers’ compensation, but the Director, officer and employee of the
Organisation shall be entitled to benefits of not less than the benefits as prescribed by
the law on labour protection, the law on social security and the law on workers’
compensation.
 Section 11. The fund, property and income of the Organisation
consist of:
 (1) levy collected by the Organisation under section 12;
 (2) transferred money and properties under section 57 or under other
laws;
 (3) start-up fund paid by the government as subsidy under section 60;
 (4) fee, dues, service charge or consideration obtained in return of
service;
 (5) money or property obtained from its supporter;
 (6) income or benefit arising from its intellectual property;
 (7) fruits arising from its money or property.
The obtainment of money under (5) shall not deprive the independence
of the Organisation in carrying out of its business or cause the Organisation to act in
contrary to, or inconsistent with, its objectives.
 Income arising from the carrying out of business of the Organisation
other than incomes under (2) and (3) shall be spent in order to support and develop
potential and creativity of independent producer at the rate prescribed by the Board,
but not exceeding ten per cent of that income.
 Income of the Organisation under paragraph one shall not be remitted
as State revenue under the law on treasury reserve and the law on budgetary
procedure.
 Section 12. The Organisation shall have the power to collect levy
from the person who is liable to taxation under the law on liquor and the law on
tobacco at the rate of one point five per cent of taxes collected from liquor and
tobacco under the law on liquor and the law on tobacco to be its income, but not
exceeding two thousand million Baht for each fiscal year. The Minister of Finance
shall have the power to adjust the maximum amount of income under this section
every three years so as to assure that the Organisation has sufficient income for the
carrying out of its affairs in accordance with its objectives. In this case, regard shall
be had to inflation rate of the preceding year in conjunction with the changing scope
of work of the Organisation and the result of business evaluation of the Organisation
under section 50.
 If income of the Organisation exceed the maximum amount under
paragraph one, it shall remit the excess amount as State revenue.
 In calculating of levy under paragraph one, the fraction in Stang shall
not be taken into consideration.
 Section 13. For the purpose of collecting and remitting of levy:
 (1) the Excise Department and the Customs Department shall collect
and remit levy for the Organisation. In this case, the collected levy in an amount of
not exceeding the maximum amount under section 12 shall not be remitted as State
revenue in accordance with the regulation prescribed by the Minister of Finance;
 (2) levy shall be deemed as tax, but shall not be calculated as tax
value.
 The Excise Department and the Customs Department shall, in
remitting of levy, deduct their expenses at the rate prescribed by the Minister of
Finance, but not exceeding one point five per cent of the collected levy.
 Section 14. The person who is liable to taxation under the law on
liquor and the law on tobacco shall have the duty to pay the levy in accordance with
the rate prescribed under section 12 paragraph one together with tax in accordance
with the regulation prescribed by the Minister of Finance.
 Section 15. In the case where a person who is liable to taxation
under the law on liquor and the law on tobacco has been entitled to tax suspension,
exemption, rebate or return, such person shall also be entitled to levy suspension,
exemption, rebate or return in accordance with the regulation prescribed by the
Minister of Finance.
 Section 16. In the case where a person who is liable to levy fails to
pay levy or pay later than the determined period or pay less than the determined
amount, such person shall, apart from the liability under this Act, be liable to
surcharge at the rate of one point five per cent per month of the unpaid amount or of
the amount paid later than the determined period, as the case may be, from the due
date until the date on which such levy has been paid. The calculated amount of
surcharge shall not exceed the amount of levy and it shall also be deemed as levy.
 In calculating the period of time under paragraph one, a fraction of
a month shall be counted as one month.
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 CHAPTER II
 Administration and Operation
 Part 1
 Board
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 Section 17. There shall be a Board of Thai Public Broadcasting
Service consisting of the Chairperson and eight other members selected and appointed
from qualified persons having knowledge, experience and apparent work or
performance evidencing their knowledge or experience, as follows:
 (1) two qualified persons in the field of mass communications;
 (2) three qualified persons in the field of organisation management;
 (3) four qualified persons in the field of democratic promotion,
community or local development, learning and studying, child, youth or family
protection and development or promotion of the rights of the disadvantaged.
The Director shall be secretary of the Board.
 Section 18. There shall be a Selection Committee having duty to
select the qualified persons to be appointed as the members of the Board. The
Selection Committee consists of fifteen members as follows:
 (1) the President of the National Press Council of Thailand;
 (2) the President of Thai Broadcast Journalists Association;
 (3) the Chairperson of the Confederation of Radio and Television
Profession Associations;
 (4) the Chairperson of the Council of the Mass Communication
Academic Institutes of Thailand;
 (5) the Chairperson of the Coordinating Committee of the Non
Governmental Organisations;
 (6) the Chairperson of the Confederation of Consumer Protection
Organisations;
 (7) the Chairperson of the National Council for Child and Youth under
Royal Patronage;
 (8) the Chairperson of the Council of Disabled People of Thailand;
 (9) the President of the Lawyers Council of Thailand;
 (10) the President of Thailand Environment Institute;
 (11) the General Manager of Thai Health Promotion Foundation;
 (12) the Permanent Secretary of the Office of the Prime Minister;
 (13) the Permanent Secretary of the Ministry of Finance;
 (14) the Permanent Secretary of the Ministry of Culture;
 (15) the Permanent Secretary of the Ministry of Education.
 In the case where a member under (1), (2), (3), (4), (5), (6), (7), (8), (9)
or (10) is unable to attend a meeting, the person who attends the meeting on his behalf
shall be approved by the Committee or Council of such institution.
 Within thirty days as from the date the cause of selection has occurred,
if there is unable to have the entire members of the Selection Committee or if any
member thereof is unable to perform his duty, the Selection Committee shall consist
of its remaining members, but not less than ten members.
 A member of the Selection Committee shall not be eligible for
nomination as a member of the Board.
 The members of the Selection Committee shall elect one among
themselves to be Chairperson and the other one to be secretary of the Selection
Committee.
 The rule and procedure for selection shall be determined by the
Selection Committee. In so determining, regard shall be had to transparency and
fairness of the selection.
 The Organisation shall be secretariat unit for the selection.
 Section 19. A person nominated as a member of the Board shall
have the qualifications and shall not be under any of the prohibitions as follows:
 (1) being of Thai nationality;
 (2) being of not less than thirty-five years of age;
 (3) being able to perform duties independently, impartiality and
honestly;
 (4) not being a bankrupt, incompetent or quasi-incompetent;
 (5) not having been sentenced by a judgment to imprisonment for a
term of two years or more and the punishment has undergone for a period of less than
five years on the nomination date, except for an offence committed through
negligence;
 (6) not having been expelled, dismissed or removed from official
service, a State agency or a State enterprise on the grounds of dishonest performance
of duties or gross misbehaviour or deemed as having committed dishonest act or
malfeasant in the official service;
 (7) not having been expelled, dismissed or removed from work on the
grounds of dishonest performance of duties or deemed to conduct misbehaviour in the
performance of duty;
 (8) not having been ordered by a judgement or an order of the Court
that his assets shall vest in the State on the ground of unusual wealth or unusual
increase of assets.
 Section 20. The Selection Committee shall, in the selection of a
member of the Board, select a person having the qualifications under section 17 and
having the qualifications and not being under any of the prohibitions under section 19
who gives his consent for nomination in the equivalent number of the member of the
Board to be appointed.
 After having the completion number, the nominees shall elect one
among themselves to be the Chairperson of the Board.
 The Selection Committee shall submit the Prime Minister the names of
the Chairperson and the members of the Board together with evidences declaring that
they are qualified and not being under any of the prohibitions as well as their consents
for appointment as the Board.
 The Prime Minister shall publish the names of the Board in the
Government Gazette.
 Section 21. While being in office, a member of the Board shall:
 (1) not being a government official holding a permanent position or
receiving salary or an official or employee of a State enterprise or other State
agencies, except a lecturer in a State’s university;
 (2) not being a person holding political position, a member of a local
assembly, local administrator or a member of the Board of Directors of, a person who
is responsible for the administration of, or an official of, a political party;
 (3) not being a member of the Board of Directors of a State enterprise
or other State agencies;
 (4) not being a partner, a member of the Board of Directors or an
official of a partnership or company carrying out the radio, television or
telecommunication business or of a partnership or company that produce the program
for the Organisation.
 A person appointed by the Prime Minister as a member of the Board
that being under any of the prohibitions under paragraph one shall quit such
prohibitions as from the date of appointment. If that person fails to quit such
prohibitions within the prescribed period, it shall be deemed that that person has never
been appointed as a member of the Board and the selection for a member of the Board
in replace of that person shall be undertaken.
 Section 22. The Chairperson and a member of the Board shall not
have interest in any affair done with the Organisation or in the affair competing
against the affair of the Organisation, whether directly or indirectly, except where he
has been entrusted by the Board to take administration of, or enter into joint ventures
with, any other person or juristic person.
 Section 23. A member of the Board holds office for a term of four
years.
 At the outset, four members of the Board shall, after the completion of
two years, vacate office by drawing lots and it shall be deemed that those members
vacate office at the end of the term.
 At the end of the term of office under paragraph one, if the new
members of the Board have not been appointed, the members of the Board who vacate
office shall remain in office to continue their duties until the newly appointed
members have been appointed.
 A member of the Board who vacates office may be reappointed, but
not more than two consecutive terms.
 Section 24. In addition to vacating office at the end of the term, a
member of the Board vacates office upon:
 (1) death;
 (2) resignation;
 (3) being disqualified or being under any of the prohibitions under
section 19;
 (4) violating section 21 or section 22;
 (5) having been sentenced by a judgment to a term of imprisonment
irrespective of whether the case becomes final or the sentence has been suspended,
except for an offence committed through negligence, a petty offence or defamation
where the case has not been final or the sentence has been suspended.
 If there is the cause under paragraph one, a selection for the
replacement shall be undertaken unless the remaining term of office of that member is
less than ninety days. In this case, section 17, section 18, section 19, section 20 and
section 21 shall apply mutatis mutandis and such person shall remain in office for the
unexpired term of office of the member he replaces.
 During the course of selection under paragraph two, the remaining
members of the Board shall continue to perform their duties. In this case, it shall be
deemed that the Board consists of the remaining members unless the members of the
Board are less than five.
 Section 25. In the case where the Chairperson of the Board vacates
office upon the cause under section 23 paragraph two or section 24, the members of
the Board shall elect one among themselves to preside over the meeting temporarily.
The election for the new Chairperson of the Board shall be made upon the complete
number of the members of the Board.
 Section 26. At a meeting, the presence of not less than one-half of
the total number of members of the Board shall constitute a quorum.
If the Chairperson is unable to present at the meeting, or is unable to
perform his duty, the members of the Board shall elect one among themselves to
preside over at the meeting.
 Section 27. A decision shall be made by a majority of votes. In
casting votes, each member shall have one vote. In case of an equality of votes, the
person who presides over at the meeting shall cast an additional vote as a casing vote.
 Section 28. The Board shall have the powers and duties as follows:
 (1) to lay down general policy of the Organisation;
 (2) to protect and preserve an independence of the Executive Board,
Director and official from any intervention;
 (3) to approve business administration plan and schedule plan of the
Organisation to be in line with the objectives under section 7;
 (4) to approve budget of the Organisation;
 (5) to control the Executive Board to function in compliant with the
policy of the Board;
 (6) to organise research with a view to develop quality of the program;
 (7) to issue the code of conducts, together with penalties, of the
Executive Board member, Director, administrative official of the Organisation,
official and employee of the Organisation;
 (8) to supervise the consideration of public comments, suggestions,
criticism and complaints in relation to the Organisation to be carried out properly and
rapidly;
 (9) to issue regulations on personnel administration, finance, budget
and properties, on delegation of powers to the Executive Board and on execution of
general affairs;
 (10) to appoint the Executive Board in accordance with section 29;
 (11) to appoint and remove the Director in accordance with section 31;
 (12) to determine salary and other benefits of the Director and Deputy
Director in accordance with section 37;
 (13) to issue the rule on professional ethics in relation to the
production and broadcasting of the programs of the Organisation in accordance with
section 42;
 (14) to appoint the Sub-Committee for Considering Public Complaint
in accordance with section 46;
 (15) to prepare and submit an annual report to the Council of
Ministers, the House of Representatives and the Senate and to disseminate such report
to the public in accordance with section 52;
 (16) to carry out any duty as prescribed by this Act or by other laws.
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 Part 2
 Executive Board
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 Section 29. The Board shall appoint an Executive Board consisting
of the Director as ex officio Chairperson, not more than six administrative officials of
the Organisation and not more than four qualified members as Executive Board
members.
 The qualified members under paragraph one shall have the
qualifications and shall not be under any of the prohibitions under section 19 and
section 21 and their knowledge or experience and apparent work in mass
communications, management, society, culture or law have been disseminated
publicly.
 The Executive Board member shall not have interest in any affair done
with the Organisation or in the affair competing against the affair of the Organisation,
whether directly or indirectly, except where he has been entrusted by the Board or the
Executive Board, as the case may be, to take administration of, or enter into joint
ventures with, any other person or juristic person.
 In the case where the Director vacates office, the Executive members
under paragraph one shall also vacate office.
 The provisions under paragraph section 24 paragraph one shall apply
mutatis mutandis to the vacation of office of the Executive Board member.
 The Executive Board shall perform its duties in compliance with the
policy laid down by the Board and shall have the powers and duties as follows:
 (1) to control the production or creation of the program of the
Organisation to be in line with the policy laid down by the Board;
 (2) to supervise the operation of the Organisation to be accorded to
laws or its rules and regulations if there is a complaint from the public against the
Organisation;
 (3) to propose administrative and program production plans to the
Board for approval;
 (4) to propose organisational and personnel development plans and
financial plan to the Board;
 (5) to prepare master plan for network development;
 (6) to conduct quality evaluation of broadcasted programs;
 (7) to carry out any duty as entrusted by the Board.
 Section 30. The Chairperson of the Board, members of the Board
and members of the Executive Board under section 29 shall be entitled to
remuneration as prescribed by the Royal Decree.
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 Part 3
 Director
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 Section 31. The Organization shall have one Director and Deputy
Director in the number as determined by the Board.
 The Board shall have the power to appoint and remove the Director.
The rule and procedure for selection of the Director shall be in
accordance with the rule of the Policy Board.
 In the case where there is no Director or where the Director is unable
to perform his duty, the most senior Deputy Director shall be Acting Director. If
there is no Deputy Director, the Board shall appoint one of the Executive Board
members to be Acting Director.
 Section 32. The Director shall perform full time work for the
Organisation and shall lead and be responsible for the administration of the
Organisation and the production of programs in accordance with the policy of the
Board. The Director shall have the qualifications and shall not be under any of the
prohibitions as follows:
 (1) being of Thai nationality;
 (2) being of not more than sixty-five years of age on the appointment
date;
 (3) having knowledge, skill or experience in radio or television
broadcasting or mass communications;
 (4) not being under any of the prohibitions under section 19 (4), (5),
(6), (7) or (8);
 (5) not being a person holding political position, a member of a local
assembly, local administrator or a member of the Board of Directors of, a person who
is responsible for the administration of, an advisor to, or an official of, a political
party;
 (6) not being a member of the Board of Directors of a State enterprise
or other State agencies, official or employee of the Organisation or advisor or expert
contracted with the Organisation;
 (7) not having interest in any affair done with the Organisation or in
the affair competing against the affair of the Organisation, whether directly or
indirectly, except where he has been entrusted by the Board or the Executive Board to
take administration of, or enter into joint ventures with, any other person or juristic
person.
 In administering the Organisation, the Director shall be responsible to
the Board.
 Section 33. An appointment of the Director shall be made by an
employment agreement in the form designed by the Board. The Chairperson shall be
the signatory of the employment agreement.
 The employment agreement under paragraph one shall, at least, contain
the provisions relating to the holding of office, working conditions, performance
evaluation, vacating office, termination, remuneration and other benefits of the
Director.
 Section 34. The Director may, with the approval of the Board,
appoint the person having qualifications under section 32 (1), (2), (4), (5), (6) and (7)
not exceeding the number determined by the Board to be Deputy Director to assist the
Director in the performance of his duties.
 The appointment of the Deputy Director shall be made by employment
agreement in accordance with the rules and conditions approved by the Board. The
Director shall be the signatory of the employment agreement.
 The provisions of section 33 paragraph two shall apply mutatis
mutandis to the employment agreement of the Deputy Director.
 Section 35. The Director and Deputy Director hold office for the
period specified in the employment agreement, but not exceeding four years, and may
be reappointed.
 Section 36. In addition to vacating office at the expiration of the
term as specified in the employment agreements, the Director and Deputy Director
vacate office upon:
 (1) death;
 (2) resignation;
 (3) being disqualified or being under any of the prohibitions under
section 32 or section 34, as the case may be;
 (4) having failed the performance evaluation;
 (5) having been removed by the vote of not less than two-thirds of the
existing number of the Board. This resolution shall clarify justification thereon and
shall at least consist of the matter of fact, issues to be considered and supporting
reasons for discretion. The Deputy Director shall be removed by the Director. In this
case, the matter of fact and supporting reasons for removal shall be clarified;
 (6) termination of the employment agreement upon the conditions
specified therein.
 Section 37. Remunerations and other benefits of the Director and
Deputy Director shall be determined by the Board with due regard to their knowledge,
capacities, experiences and workloads comparable with remuneration rates of the
executives having the same or similar responsibilities of private sector.
 Section 38. In the performance of duties, the Director shall have the
powers as follows:
 (1) to issue regulation on administration of the Organisation as well as
regulation and code of practices of the official and employee of the Organisation
which shall not contrary to or inconsistent with the regulation prescribed by the
Board;
 (2) to enter into or terminate the employment agreement of, promote,
reduce or cut salary or wage of, or conduct disciplinary actions against, the official
and employee of the Organisation in accordance with the regulation prescribed by the
Executive Board;
 (3) to appoint station master and station administrative committee.
Section 39. The Director shall, in external affairs, be representative
of the Organisation. For this purpose, the Director may entrust any person to act on
his behalf in accordance with the regulation prescribed by the Board.
 The Organisation is not bound by a juristic act concluded by the
Director in violation of the regulation issued under section 28 (9) or section 38 (1) and
(2), except where ratification has been given by the Board or the Executive Board, as
the case may be.
 Section 40. In the absence of both Director and Deputy Director
simultaneously, the Board shall appoint a member of the Executive Board or an
official of the Organisation to be Acting Director.
 The Acting Director shall have the powers and duties identical to those
of the Director.
 Section 41. The Chairperson of the Board, member of the Board,
Executive Board member, Director, Deputy Director and official of the Organisation
shall be government official under the organic law on Counter Corruption.
 The Chairperson of the Board, member of the Board, Executive Board
member, Director and Deputy Director shall be high-ranking official under the
organic law on Counter Corruption.
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 CHAPTER III
 Rule on Professional Ethics
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 Section 42. The Board shall prepare the rule on professional ethics
in relation to program production and broadcasting with due regard to opinions of the
representatives of the officials and employees of the Organisation, producers,
audiences and qualified persons in the fields of communication arts, journalism and
mass communications so as to be guideline for practicing and for the production,
procurement and broadcasting of program of the Organisation.
 The rule on professional ethics under paragraph one shall, at least,
cover the following matters:
 (1) accuracy, impartiality and fairness;
 (2) professional independence and accountability to the public;
 (3) respect for human dignity, privacy and the protection of personal
rights;
 (4) protection of child and youth from the program that presents
violence, illegal or immoral manner, allurement that leads to wrong-doing and coarse
language;
 (5) practice in dealing with unfortunate victim and persons in sorrow
condition;
 (6) payment to the source of information, receipt of reward or benefit
in return of broadcasting news or in the participation of any act which may deteriorate
fairness and professional independence;
 (7) fair protection and treatment to the source of information.
The Board shall disseminate the rule on professional ethics prepared
under paragraph one to the public.
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 CHAPTER IV
 Broadcasting
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 Section 43. The program broadcasted by radio or television station
of the Organisation shall have the followings contents and values:
 (1) information that affects public is presented accurately, rapidly,
reflectively, thoroughly and fairly and in appropriate proportion during the prime
time;
 (2) program that enhances public participation in any public issue
attached with various social point of views by means of discussion or expression of
opinions upon accurate data, balancing of different opinions and critical analysis;
 (3) program that enhances public learning and development of the
quality of life of the public and program that promotes education in various fields and
heighten the learning of child and youth. These programs shall be proportionate and
shall be broadcasted during the period which is convenient for viewing and listening;
 (4) sports and entertainment programs as well as program that
promotes health and quality of life of the public;
 (5) program that promotes Thai’s identity, multicultural society and
social harmony as well as program that enables disadvantaged persons to present their
views or information;
 (6) entertainment program that is creative, promoting good social
values or uplifting public aesthetics;
 (7) program produced by an independent producer with appropriate
broadcasting period.
 The schedule shall be made upon discretion of the Organisation and it
shall not be made for the purpose of, or in return of, commercial benefit.
 The Director shall make and submit the schedule to the Executive
Board for approval every three months.
 If any significant change has been made to the schedule, the Director
shall submit the schedule with that change to the Executive Board for approval.
 In making of program under paragraph one, the Board shall conduct
hearing of interested persons in order to enable disabled person to get access to or
utilise the radio and television programs of the Organisation.
 Section 44. The Organisation shall archive any material recording
any broadcasted program interested by the public for historical purpose.
 The Organisation may collect service charge for an access to the
archive under paragraph one.
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 CHAPTER V
 Audience Council and Complaint
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 Section 45. In order to improve the provision of service and the
production of program of the Organisation to be in response of public service and
social and audience needs and to enhance public participation in determining its
policy, there shall be an Audience Council consisting of not exceeding fifty members
who are representatives of people from various regions and groups as appointed by
the Board upon variety and balance basis and having duties to conduct hearings from
public at large in relation to the production of program of the Organisation. The
Audience Council shall meet at least once a year in accordance with the rules and
procedure prescribed by the Board.
 The Board may, with due regard to the needs of each region and social
diversifications, establish a Regional Audience Council in any region.
 The Executive Board shall compile and submit opinions and
suggestions of the Audience Council under paragraph one together with proposal for
improving the provision of service and the production of program of the Organisation,
or for improving the master plan for administering Organisation’s affairs and program
to be in line with the changing of society, to the Board.
 Section 46. The Board shall establish a Sub-Committee for
Considering Public Complaint to consider public complaints in the case where the
Organisation or its producer, official or employee fails to act or produce program in
accordance with the Rule on Professional Ethics under section 42. The Sub-
Committee for Considering Public Complaint shall consider and examine the
complaint rapidly, accurately and equitably.
 The procedure of the Sub-Committee under paragraph one shall
include the corrective or remedial measures in the case where the production of a
program is contrary to the Rule on Professional Ethics as well as corrective measure
for false statement, right to defence and apology for error.
 The submission of a complaint in accordance with the procedure under
this section shall not prejudice to the right of the person to use any other legal
measure for the correction or remedy to such complaint.
 Section 47. The Organisation shall maintain the original record of
all programs for at least thirty days as from their broadcasting date.
 If any program causes dispute or complaint, the Organisation shall
maintain the original record of that program until the completion of such dispute or
complaint.
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 CHAPTER VI
 Accounting, Audit and Evaluation
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 Section 48. The Organisation shall prepare its account according to
international accounting standard and the rules determined by the Executive Board
and shall cause to have an internal audit on its finance, accounting and procurement.
An audit report shall be submitted to the Board at least once a year.
 The Organisation shall, in conducting an internal audit, appoint its
official to be internal auditor responsible directly to the Board in accordance with the
regulations prescribed by the Board.
 Section 49. The Organisation shall prepare and submit its financial
statement which at least states its financial status, income and expenditure and cash
flow to the auditor within one hundred and twenty days as from the ending date of
each accounting year.
 The Office of the Auditor-General or the licensed accountant
appointed by the Board with approval of Office of the Auditor-General shall audit the
spending of money and property of the Organisation. The auditor shall, in the audit
report, give analytical statement as to whether such spending is consistent with its
objective, economy, value for money and hit the target and shall then submit the audit
report to the Board.
 The Board shall coordinate with the Office of the Auditor-General
regularly in relation to the plan for financial audit and improvement and review to be
conducted in order to meet State audit standard.
 Section 50. In order to strengthen the efficiency, result,
accountability and public reliability in the performance of duties of the Organisation
and to monitor and inspect the performance of duties of the Organisation to be in line
with its objectives and established project and work plan, the Board shall organise
performance evaluation annually by the external evaluation committee.
 The performance evaluation shall provide the fact in respect of the
effectiveness, efficiency, organisational development, public support, number and
satisfactions of the audience and other additional aspects to be determined by the
Board.
 Section 51. The Organisation shall, at least every ten years as from
the date this Act has come into force, propose to review the sources of its income and
proportion of its subsidy so as to meet the necessity for the performance of its duties,
to review the suitability for the remission of its excess accumulative income as State
revenue or for the allocation of that income as social benefits and to review the
creation of and promotions on public communications through the performance of its
missions including the proposal to revise related laws.
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 CHAPTER VII
 Inspection and Control
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 Section 52. In order to secure the quality and efficient program to
be provided to the audience and to represent its impartiality, the Organisation shall
prepare and submit its annual report to the Council of Ministers, the House of
Representatives and the Senate within six months as from the ending date of each
accounting year. Such Report shall also be disclosed to public.
 The report under paragraph one shall at least contain the following
issues:
 (1) result arising from the performance of the Organisation during the
lapsed year comparable with its established target;
 (2) project, work plan and budget plan for the year to come;
 (3) schedule of the lapsed year and plan for change of schedule for the
year to come;
 (4) financial statement and report of the auditor, internal audit report
and report of the evaluation committee;
 (5) information of the juristic person owned or shared, directly or
indirectly, by the Organisation and information of the person in which the
Organisation has jointed business or venture;
 (6) program produced by an independent producer supported by the
Organisation, procurement method and name of that producer together with details for
broadcasting of such program;
 (7) opinion of the Audience Council under section 45 and the public
and the improvement in response of such opinion;
 (8) complaint of the audience, consideration result and correction.
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 CHAPTER VIII
 Penalties
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 Section 53. Whoever having duty to pay levy fails to pay levy or
pay an incomplete amount shall be liable to imprisonment for a term of not exceeding
one year or to a fine from five to twenty times of the levy to be paid or to both.
 Section 54. If an offender under this Act is a juristic person, a
managing director, manager or person responsible for the carrying out of the affairs of
such juristic person shall be liable for the punishment as prescribed for such offence,
except where he can prove that he does not acknowledge in so doing or does not give
consent to do so.
 Section 55. With regard to the offences under this Act, the Director-
General of the Excise Department or his entrusted person shall have the power to
settle them.
 Section 56. Any act done by a person holding a political position or
by a government official, whether directly or indirectly, which obstructs or interferes
the broadcasting of the Organisation with a view to make the Organisation to
broadcast the program which is contrary to, or inconsistent with, its objectives under
section 7 or the performance of its duties under section 8 or section 9 or the Rules on
Professional Ethics under section 42 shall be deemed to be misuse of powers and
duties wilfully and shall be unenforceable, provided that such act has been done under
the provisions of law.
 Transitory Provisions
 Section 57. All affairs, powers and duties, properties, budgets,
obligations, rights, frequencies and charges of the Office of the Permanent Secretary
to the Office of the Prime Minister in concerning with the performance of the UHF
radio and television station and the Office of Interim Administration of UHF Radio
and Television (Special Delivery Unit) under supervision of the Office of the
Permanent Secretary to the Office of the Prime Minister and the Department of Public
Relations on the date this Act comes into force shall be transferred to the
Organisation, but not including all challenges or disputes that existed or may exist
between the Office of the Permanent Secretary to the Office of the Prime Minister and
ITV Ltd. (Public Company) or any other person due to, or on the course of, joint
ventures and agreement for operation of the UHF Radio and Television Station
between the Office of the Permanent Secretary to the Office of the Prime Minister and
Siam Infotainment Co., Ltd., dated 3rd July B.E. 2538, irrespective of whether it is
pending in arbitration or court procedure, but the Organisation shall provide financial
support for the expense incurred from such challenges or disputes to the Office of the
Permanent Secretary to the Office of the Prime Minister in accordance with the rules
prescribed by the Council of Ministers.
 Section 58. At the outset, the Council of Ministers shall appoint a
Committee consisting of not exceeding five members to perform the duties of the
Board under this Act temporarily until the Board under this Act becomes existence.
In this regard, the provisions under section 17 shall not apply.
 The Committee performing the duties of the Board under paragraph
one shall appoint an Acting Director to perform the duties of the Director temporarily
until there shall be the Director under this Act. In this regard, the provisions under
section 32 shall not apply.
 The Office of the Permanent Secretary to the Office of the Prime
Minister shall be secretariat of the Committee under paragraph one and shall perform
other duties entrusted by the Chairperson until the Committee under paragraph one is
of opinion that the Organisation is able to perform its duties.
 Section 59. At the outset, the Board shall be selected within one
hundred and eighty days as from the date this Act comes into force. In this regard, the
Office of the Permanent Secretary to the Office of the Prime Minister shall be
secretariat for such selection. The Board shall select the Director from qualified
person openly in accordance with the rules and procedure determined by the Board.
 The selection of the Director under paragraph one shall be completed
within one hundred and twenty days from the date the Board has been appointed.
 Section 60. The government shall provide the started-up fund to the
Organisation in an amount of not exceeding the amount as prescribed by section 12.
 Section 61. During the absence of the National Commission on
Radio and Television Broadcasting Service under the law on organisation for
allocation of frequency and supervision of radio, television and telecommunication
broadcasting service, the Organisation shall utilise the frequencies transferred under
section 57 and shall be exempted from applying for a license to conduct radio and
television broadcasting under the law on radio and television broadcasting.
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 Countersigned by:
 Paiboon Wattanasiritham
 Deputy Prime Minister
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Source:2009, Pakorn Nilprapunt, Office of the Council of State of Thailand
(www.krisdika.go.th www.lawreform.go.th)