THAI COURT TRIES "GAG ORDER" TO SHUT UP PROMINENT

C O N F I D E N T I A L SECTION 01 OF 02 BANGKOK 007213

SIPDIS

E.O. 12958: DECL: 11/18/2015
TAGS: PGOV PHUM KPAO PINS PROP TH
SUBJECT: THAI COURT TRIES "GAG ORDER" TO SHUT UP PROMINENT
ACTIVIST

REF: BANGKOK 06096

Classified By: Political Counselor Susan M. Sutton for Reasons 1.4 (d)


1. (U) SUMMARY. The Thai Civil Court has issued Thaksin
critic Sondhi Limthongkul a gag order, effectively banning
him from criticizing the Prime Minister until libel suits
against him can be litigated. Since his popular political
television program was canceled in September, Sondhi has been
doing his weekly show live to rapidly growing crowds in
Bangkok. Yesterday's gag order would effectively bar Sondhi
from continuing with these shows, and from criticizing the
Prime Minister via newspaper or Internet. The Public
Relations Department announced that any provincial TV
stations broadcasting the shows would have their contracts
suspended and VCDs of Sondhi's shows would also be banned
from further distribution. The fate of the website of the
"Manager" newspaper, part-owned by Sondhi, was up in the air.
Sondhi vowed to "fight to the death" to defend his right to
speak out against the government. He met with the leading
opposition Democrat Party on the morning of November 18 and
appeared ready to defy the ban by continuing with his show in
the evening. Meanwhile, Thaksin filed another lawsuit against
the beleaguered Sondhi, this time for alleging the PM had
helped his family's company secure lucrative contracts. END
SUMMARY


2. (U) The Thai Civil Court has ordered the increasingly
prominent businessman-cum-journalist Sondhi Limthongkul to
shut up or face jail time. Alongside nine of his colleagues,
the court slapped Sondhi with a gag order effectively banning
him from criticizing the Prime Minister until libel suits
against him can be litigated. The first of these is scheduled
to begin on February 8, 2006. Sondhi has become involved in
an increasingly heated war of words (and lawsuits) with his
former ally, PM Thaksin Shinawatra. Since his popular
political television program was canceled in September
(Reftel) Sondhi has been doing his weekly show live to huge
crowds in public venues like Thammasat University and Lumpini
Park. Crowd estimates for his last event on November 11 ran
as high as 40,000 and Lumpini Park Police expect his November
18 appearance to attract an even larger crowd. Yesterday's
gag order would effectively bar Sondhi from continuing with
these shows, and force him to refrain from criticizing the
Prime Minister. The Public Relations Department also told all
provincial cable TV operators that their contracts would be
suspended if they continued broadcasting Sondhi's "libelous"
performances, which they had begun obtaining from ASTV, a
small satellite station owned by Sondhi. VCDs of five of the
first seven Sondhi shows, which had been selling briskly,
would also be banned from further distribution.

FATE OF WEBSITE IN LIMBO


3. (U) "The Manager" (Phujatkan) newspaper, named as a
co-defendant in the gag order, also appears to be prevented
from any further reporting of Sondhi's criticisms of the
Prime Minister. It is unclear how the newspaper's popular
website www.manager.co.th, would be affected. The status of
the website was a matter of much speculation in the day's
press coverage. A government spokesman told The Nation
newspaper that there had been no government order to shut
down the website, while the web host said Friday morning that
they had received no order to close down the site, and that
they were wary of being sued by one side or the other, no
matter what they did. The Manager's website continued to be
fully operational through Friday afternoon. The Nation
newspaper reported that the site was Thailand's leading
Internet source for news.

SONDHI VOWS TO "FIGHT TO THE DEATH"...


4. (U) Sondhi appeared to be readying himself for a
protracted battle, vowing to "fight (government underlings)
to the death" while making a speech at Assumption University.
He stated that the cancellation of his television show had
made him more popular than ever and challenged the PM to meet
him in a debate to discuss the recent scandals that had
plagued his administration. Sondhi added that if the
government was upset by his comments, it should have offered
a rebuttal instead of trying to deny access to his views. The
November 18 issue of the Manager newspaper asked people to
sign on to a petition supporting "returning power to the
King." In addition, there appeared to be no plans to cancel
his weekly show, scheduled for Lumpini Park.


5. (U) On November 18, Abhisit Vejjajiva, leader of the
opposition Democrat Party (DP),paid a visit to Sondhi's
office to offer "moral support". Sondhi noted that under DP
rule, there had also been problems with freedom of the press,
but that it had never resorted to the use of "dictatorial
authority" like the current administration.


6. (U) While the English-language press and Thai-language
Manager were highly critical of the move against Sondhi
(NOTE: Sondhi is part-owner of "The Manager." END NOTE)
coverage in the rest of the Thai-language press was decidedly
muted. The Friday edition of Thailand's leading daily "Thai
Rath" did not even mention the Sondhi case although
television news programs did report on it.

...AND FACES YET ANOTHER LAWSUIT


7. (U) In the mean time, the government filed yet another
lawsuit against Sondhi on November 17. The latest suit
alleges that Sondhi defamed the Prime Minister by reporting
that Thaksin had been instrumental in awarding a
multi-million dollar satellite contract to a company owned by
members of the Prime Minister's family. The lawsuit seeks 1
billion baht ($US 25 million) in compensation.


8. (C) COMMENT. The always thin-skinned Prime Minister has
proven to be especially sensitive to allegations that he has
not shown due respect to the monarchy, an institution which
commands enormous devotion and respect in Thailand. Thaksin's
attacks on his critics, yet again using the guise of libel
suits as a means of intimidation, are becoming increasingly
more brazen in nature. Recent opinion polls show that the
Prime Minister's actions are increasingly unpopular in the
capital, although Thaksin's electoral base in the provinces
has always been more interested in bread-and-butter issues.
It is clear that Sondhi is trying to provoke a direct
confrontation with the Prime Minister. Both sides are
counting on their supporters to carry them through rough
seas. Sondhi is hoping to mobilize enough grass roots support
through his live shows, and by disseminating them by VCD and
free Internet downloads. The PM is counting on political
apathy and indifference of the majority of people to lofty
issues like human rights. By defying the gag order and
continuing with his November 18 show, Sondhi will effectively
be thumbing his nose at the PM. Thaksin, not one to accept a
loss of face lightly, will likely be inclined to do something
to "one up" his former ally which would just make Sondhi into
more of a celebrity.
BOYCE