Guidelines for Using Administrative Discretion in Supervision “In the Event of a Radio and Television Broadcasting Business Licensee Broadcasting Programs that may Contain Inappropriate Content.”

Abstract

A quick inspection of Thailand’s current broadcasted programs of mainstream media, mainly television and radio, oftentimes reveals grossly inappropriate content. The National Broadcasting and Telecommunications Commission (NBTC), Thai prominent regulator, finds it increasingly tougher to maintain a delicate balance in exercising its power under a new open media environment. New media, especially social media, has been enjoying unlimited freedom while the mainstream media are struggling to compete. To add an insult to the injury, the existing law codes and criteria for administrative sanctions are outdated and murky. Frequently, the administrative orders lead to confusion, perceived injustice, and misunderstanding. Worse still, problem may not be solved easily. This article investigates the concepts and theories related to current regulation codes underlying administrative discretion to analyze and suggest guidelines for amendments and improvements to the rules. The aim is to ensure that administrative decisions are synchronized with administrative principles. The revision not only will promote justice for radio and television licensees who are at the receiving end of administrative orders but also will significantly improve the efficiency and effectiveness of the supervision process.