Young lawyer seeks court ruling to end NBTC crisis

Chairman continues to challenge ruling that disqualified him from serving on regulator’s board (Photo: 123RF) A 26-year-old lawyer has filed a petition with the Central Administrative Court, seeking a ruling to remove Dr Sarana Boonbaichaiyapruck as chairman of the National Broadcasting and Telecommunications Commission (NBTC).Sarunporn Meesil argues that Dr Sarana’s continued tenure has paralysed the regulator and caused damage to consumers and the public interest. Ms Sarunporn, who identified herself as an ordinary Thai citizen and telecom service user, asked the court to affirm that Dr Sarana was in breach of the law governing the NBTC, in line with an earlier unanimous ruling by a Senate selection committee overseeing NBTC appointments last month. She also requested an injunction prohibiting him from performing his duties as chairman. According to her petition, the request aims to resolve the legal impasse that has repeatedly prevented the NBTC board from convening and carrying out its statutory responsibilities. Ms Sarunporn argued that as a user of telecommunications and broadcasting services regulated by the NBTC, she has suffered direct harm because the regulator has been unable to deliberate on major policy matters affecting consumers and the country. The NBTC selection committee ruled unanimously on July 17 that Dr Sarana lacked the qualifications required to serve as a commissioner, under the relevant NBTC Act. Evidence showed Dr Sarana, a distinguished cardiologist, remained a temporary employee of Mahidol University between January and April 2022 while also receiving hourly remuneration as a physician at a premium clinic operated by a state hospital. The law prohibits commissioners from taking paid outside employment from other state agencies or entities while serving. Dr Sarana rejected the selection committee’s ruling and petitioned the Central Administrative Court seeking its order to revoke the committee’s decision. He argued that the selection committee acted beyond its legal authority. The court declined to hear his complaint, and Prime Minister Anutin Charnvirakul subsequently submitted a request for a royal command to dismiss Dr Sarana. The drama is still not over, though, and Dr Sarana this week presented new evidence that he said supported his claim that he did not breach the law. Meanwhile, the last five NBTC board meetings have collapsed for lack of a quorum as some commissioners boycott the proceedings. They say any decisions made while Dr Sarana is in the chair could be overturned later if he is disqualified, and could expose the NBTC to legal action. Ms Sarunporn argued that the resulting paralysis has delayed numerous regulatory decisions affecting consumers, businesses and national telecommunications policy. She said she is qualified to lodge the petition as an injured party because she is a Thai taxpayer whose taxes finance the salaries of NBTC commissioners and employees. NBTC directors are paid 360,000 baht a month in salary and benefits, while the chairman’s remuneration package totals 450,000 baht.