PROBLEMS CONCERNING THE ESTABLISHMENT OF THE MASS MEDIA PROFESSIONAL ASSOCIATION

Abstract

This dissertation aims to investigate basic principles and fundamental legal theories with regard to the establishment of the Mass Media Professional Association both in Thailand and in foreign countries. Furthermore, this dissertation also examines some problems regarding the establishment of the Mass Media Professional Association in Thailand in order to offer some solutions and suggestions, which could effectively and sustainably solve the problems concerning this matter.    

          The method of investigating in this dissertation resolves itself into two parts: namely, first, the study of backgrounds and underlying concepts as to the mass media, its functional role, the relation between its state and the mass media, right and freedom of the mass media, and also the mass media and its state main mission, the state organisation, and the regulating organization of mass media profession; second, the comparative study of the Mass Media Professional Association between that in Thailand and that in foreign countries.

           The study pointed to three facts. Firstly, there has been a problem regarding the lack of legal procedure for regulating the mass media. Legal procedures for regulating the mass media are valid only between associations, thereby having no compulsory effect on every kind of the mass media. And owing to the fact that there is no legal enforcement of professional ethics, the mass media that seek profits, and only gather pieces of news exclusively appertaining to their own type frequently have the people inflicted since the mass media do not serve what they need. Secondly, there has been no central organisation responsible for superintending and regulating the activities done by the mass media. When the mass media encroach upon right and freedom of the people, those from the media held accountable will be only punished in accordance with civil and commercial law, and other acts which dictate criminal and administrative penalties. This occurrence interferes with the regulation of the mass media. Thirdly, there have been problems concerning the authority of the mass media. There are mass media associations aplenty in Thailand, for instance, clubs, societies. When it comes to regulating the mass media, the authority of enforcing the ethical code has no legal status in judging the mass media.

          Consequently, it is advisable to conduct a thorough study of legal concepts and ideas effectively implemented for regulating the mass media in many countries, e.g. Federal Republic of Germany, United States of America, French Republic, and Republic of Indonesia. Thailand should find the appropriate way of establishing the Mass Media Professional Association by enforcing the right and freedom protection law, and encouraging ethics and the mass media professional standard. Moreover, the foundation of the national council of the mass media profession is of paramount importance.  This council shall be obliged, by following the common standard, to support, and regulate the mass media, and is also held responsible for the betterment of the standard of mass media profession. In addition, so as to improve the standard of the mass media, which will allow the mass media to carry on its activities more effectively, the national council of the mass media profession has the authority to superintend the judgement of enforcing the ethical code of those who work in the media.