Having monitored the human rights situations during the COVID-19 pandemic including measures introduced by the government which affect people’s rights and freedoms during the situation, the National Human Rights Commission of Thailand (NHRCT) is concerned with the Announcement of the Regulation No. 27 issued on 10 July 2021 under Article 9 of the Emergency Decree, B.E. 2548 (2005) introducing more measures during the time of widely spread disease.
          Several parties are worried particularly about Article 11 related to preventive measure of misinformation which may cause public misunderstandings. Since Article 11 can be interpreted in a way that any information published or distributed to the public through written documents, prints, or any other forms with message possibly causing panic to the public, even if it is true, is prohibited, and the violation of the restriction is a criminal offence under the Regulation No.27.
          The NHRCT considers that, in a serious Covid situation, it is imperative that people need to have right information to be able to assess the situation of their health risks they are facing, including other related effects in order to prepare to cope with such situation appropriately and promptly. Therefore, the right to access to information is essential and any truthful information about the situation must not be prohibited. In case of any information which may cause public worries arises, the government can explain the situation, including the efforts and responding measures undertaken by the government, advice or guidelines           for people to follow to stop a panic and to give public confidence.
          The NHRCT considers that the provision of Article 11 of Regulation No. 27 may allow the government officials to exercise discretion to restrict people’s rights and freedoms disproportionately and contradictory to the human rights principles as guaranteed by the Constitution of the Kingdom of Thailand B.E. 2560 (2017), Article 34 and 35, and the obligations of the International Covenant on Civil and Political Rights to which Thailand is a party. The NHRCT, therefore, urges the government to review Article 11 of the the Announcement of the Regulation No. 27.
          Concurrently, the NHRCT also requests all parties to constructively use the media, particularly social media, and to be media literate, rejecting fake news, disinformation and hate speech. This will enable the society to move forward with respect for the diversity and differences in opinions which is a part of democratic norms.