Case

Case name

Pornthipha: Fah Hai TV

Name of persons / Name of Media

Pornthipha Supatnukul (DJ Fah)

Status of Accused

Issue a non-prosecution order

Offense / order

Article 116 Criminal Code

Summary

Fah Hai TV television station, owned by Ms. Porntipa or DJ Fah who has been supporting the People's Democratic Reform Committee (PDRC), was search by the force led by Col. Burin Thongprapai under the provision of the NCPO leader’s order No. 3/2015. All devices of the station were seized.

After the search, 5 individuals who presented at the scene including Pornthipha who is an owner were taken to the 2nd Sub-Division, Department of Crime Suppression Division for an intorogation and a notification of accusation. The initial accusations that were lodged agaisnt them were incitement under Section 116 of the Criminal Code and running a TV station without license.

Basic information

Background of accused

Fah Hai TV television station, owned by Porntipha and belonged to a company named Fah Khum Co., Ltd., was a satellite television station which had been on air for news program and documentaries about solving people’s problems.

These are persons who were charged under Sectio 116:

1. Porntipha or DJ Fah, the owner of Fah Hai TV television station was appearing in the protest with the PDRC. She also once alleged Aum Neko under lese majeste charge.

2. Chaiwat

3. Khun Nam

4. Narongrit

5. Warit

6. Pannathorn or DJ Pan Pan

7. Pol.Gen. Seripisut Temiyavet, a former Commissioner-General, Royal Thai Police during 1st October 2007 until 8th April 2008. He was also a member of the Council of National Security (CNS) in 2007.

Complainant / Plaintiff

Col. Burin Thongprapai, a judge advocate

Legal Claims

Offence against public order and good morals, No license

Form of restriction on freedom

Blocking / Ban, Charge filed
Type of media

Television
Province

Nonthaburi
Court

Bangkok Military Court

Details of offence according to charge

The corporation and all of 7 individuals were alleged for broadcasting the program which had the content that inciting and created disorder deemed to be an offense prescribed in Section 116 of the Criminal Code. Additional, the said program was operated without license therefore it was a violation of Section 7 of Broadcasting Business Act BE 2551.

Circumstance of arrest

At the evening of 18 November 2015, Col. Burin Thongprapai and Col. Narintarak Chetthasiri Deputy Commanding General of the 1st Communication Battalion King’s Guard led the force to search at Fah Hai TV television station under the power from Head of NCPO’s order No. 3/2558 in compliance with the Section 44 of the Constitution of the Kingdom of Thailand (interim) B.E. 2557.

The search was done by the force after they found that the TV program which was bradcasted on the station contain the contents which deem to ruin security of the state or peace and order of the people. In addition, they found that this station was operating TV program without license, therefore they seized the devices for investigation.

After the search, 5 individuals appearing at the place of incident were taken to Crime Suppression Division for investigation except Pannathorn or DJ Panpan and Pol. Gen Seripisut Temeyavet, a former Commissioner-General, Royal Thai Police, whom could not be arrested at that time. After the interrogation, the inquiry officers allowed 5 individuals for bail during the investigation process with 20,000 THB cash for each persons.

Progress of case

18 November 2015

Matichon online reported that at the evening Col. Burin Thongprapai, staff judge advocate and Narintarak Chetthasiri, Deputy Commanding General of the 1st Communication Battalion King’s Guard searched Fah Hai TV television station after they found that the program which was broadcasted by the station might contain the contents which ruin security of the state or peace and order of the people.

After the search, Pornthipa and other 4 individuals including Chaiwat, Khunnam, Narongrit and Warit were taken to 2nd sub-division, Crime Suppression Division for investigation under Section 116 Criminal code. During the search, they asked for the license of television station from Porthipa but Pornthipa could not provide the license. Therefore the military officers alleged them for not operating the station without license. After the interrogation, all 5 accused were bailed out with cash 20,000 per each.

Porthipa, the owner of the station, revealed to the media that, previously a senior whom she respected asked her for the permission to produce his own TV program in the station and she pleasantly let him do. But after the program seemed to have a problem, she requested him to stop producing and she reported the case to the director of the station to order to suspend the program. However, she found that it was still on air as usual until it turned to be a problem.

Porntipa added that she was not at the station at the moment which the program with the problematic content was aried. And she did not know anything about or took any part on it. Additional, she reported the case to her respected senoir through Line application saying that the program should not be on air. The evidence message is now still in her phone.

21 November 2015

Matichon online reported that, at around 4.30 PM Porntipa went to parliament at the gate number 4 to submit the letter to the Prime Minister and the NCPO’s leader, Prayuth Chan-O-Cha, to return the devices of the station to her, after the force seized all devices.

Porntipa told the reporter that Fah Hai TV station was owned by her. There were 40 staff working and it was invested for 7,000,000 THB. Most of the programs were about health and general news report. In general the contents of the programs would support the work of military but only on Saturday 14th the problematic program was on air. She did not check it and the staff of the station also let the program on air. That caused her arrest at her house and she was detained for 1 night. She felt very sad about this, she was shocked and she unstoppably cried.

Porntipa added that Fah Hai TV was owned by her but it was misunderstood that it belonged to Pol.Gen. Seripisut Temeyavet. Actually Pol.Gen. Seripisut only had his program here for one hour on every Saturday. So she wants to state that she never hates or has bias about military. Seizing the devices of the station this time is like her arms and legs were cut. She needs money to support her family and many employees.

Porntipa continued to assert that she will sit in front of the parliament until Monday in order to have a chance to meet the Prime Minister, she fought for the nation for so long and now she will fight for herself and her family. She will be ready to be under the legal procedure but she just wants to request the prime minister to return all devices to her so that she can use all devices to fight the case.

Porntipa added that she loves the nation and the military for whole her life. Once she filed a complaint against Aum Neko for lese majeste charge but now it turns to be herself facing this situation. She will protest this by hunger strike in front of the parliament until she reaches the justice.

22 November 2015

Porntipa posted the message on facebook name “Fah Porntipa Khaopueprachachon (News for people)” complaining about Suthep Thaugsuban that she felt slighted because Suthep was unreachable when she needs help, she helped him before them he should show his empathy towards her.

23 November 2015

Porntipa declared a statement on the website on behalf of Fah Hai TV stating that the station disagrees with Pol. Gen. Seripisut Temeyavet. The key objective of the station is to support the work of the NPCO. The station let Pol. Gen Seripisut Temeyavet work here because he is a senior. Recently, the public perceives that the station did something wrong and it was shut down. Since Pol. Gen. Seripisut still did not appear to say anything about that, the station needs Pol. Gen. Seripisut to say something to clarify that station dose not have any policy against the government and military.

Previously, the station staffs did not have time to check all content. And all of the programs will be produced under the policy of the station. At first, the program of Pol. Gen. Seripisut was only a normal history telling program, the station staff then trust that it did not have any content which complains about anyone.

She added that, since Pol. Gen. Seripisut did not follow the policy of the station, the force visited the station and it affected on another staffs in the station. So they wanted him to reveal in front of the media that the station was not involved with him. And they wanted the government to come to investigate that the station did not do anything wrong but always supported the government. They requested the government to understand and make compromise.

18 May 2016

Benar News reported that Porntipa went to meet inquiry officers at Crime Suppression Division and then met military prosecutor at Bangkok Military Court. At the same day the military prosecutor issued a non-prosecution order because there was no exact fact which proved that the accused did anything to violate Section 116 Criminal code.

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