NBTC Deadlock: Legal Scholar Suggests 2 Board Members Call Meeting
Chulalongkorn University hosted a seminar on Sept 18 regarding the NBTC deadlock. Assoc. Prof. Dr. Narongdej outlined the legal status and solutions.
Stock photo for illustration only, not from the actual event
- Chulalongkorn University hosted an academic seminar on the NBTC deadlock and media impact
- Assoc. Prof. Dr. Narongdej stated Dr. Soran lacks board and chairman status per ruling
- Filing administrative lawsuits does not automatically suspend administrative orders
- Legal experts suggest two board members initiate a meeting to elect a new chairman
On September 18, the Faculty of Communication Arts at Chulalongkorn University, in collaboration with MCOT and a network of mass media, legal, and public policy scholars, held an academic seminar titled "NBTC 'Stuck': Who is Affected and What is the Way Out?" at the educational institution. The panel discussion focused heavily on the status of the chairman of the National Broadcasting and Telecommunications Commission, as well as the broader impacts on media and telecommunications regulation if the organization's mechanisms fail to function normally.
During the event, participants exchanged views on various critical topics, including the direction of digital television and telecommunications sector challenges. The discussion then led to the seminar's main highlight: a lecture on "The Nomination Committee's Ruling and the Current Status of NBTC Commissioners" delivered by Assoc. Prof. Dr. Narongdej Surakhot from the Faculty of Law, Chulalongkorn University, who provided clear administrative law perspectives on the organization's current predicament.
Stock photo for illustration only, not from the actual event
Assoc. Prof. Dr. Narongdej explained the principles of administrative law, noting that administrative orders or rulings always remain in effect until a court with competent jurisdiction issues a judgment revoking them or an official injunction staying enforcement. Therefore, filing a lawsuit in the Administrative Court does not automatically halt the legal effect of such orders.
"According to the result of the ruling, and cannot perform duties as a commissioner or chairman."
Based on these legal principles, the Chulalongkorn law scholar stated that since there is no court order staying enforcement of the nomination committee's ruling, it must be deemed that Clinical Prof. Dr. Soran Bunyanivate does not hold the status of NBTC commissioner and chairman under the ruling, and thus cannot perform duties in those capacities until further judicial resolution.
The administrative paralysis at the NBTC highlights structural governance challenges within Thailand's independent regulatory bodies. When high-level personnel disputes arise, the absence of leadership or a fully functioning quorum directly impacts licensing decisions, spectrum allocation, and consumer protection in telecommunications and broadcasting, necessitating a strict legal pathway to unblock state operations.
To navigate this institutional crisis, legal experts have proposed a practical way forward for the remaining commissioners. Specifically, it has been recommended that two NBTC board members join forces to officially call a meeting, breaking the deadlock and paving the way for the selection of a new chairman so the agency can resume its regulatory duties.
Source: Khaosod Politics
Found something wrong in this article? Report an issue with this article
Comments
Leave a Comment