Problems on Discretion of Film Regulatory Organization.

Abstract

           Problems of the discretion of the regulatory organization according to the Film and Video Act B.E. 2551in screening and approving films being published because there are provisions that do not comply with the principles of the freedom of expression as well as the discretion is not consistent with the objectives of the law to categorize film genres according to audiences. By studying and comparing the laws of different countries (e.g. Australia, the United States of America and the French Republic), it was found that the discretion was made through the film industry. This included the representatives of the film creators who participated in categorizing film genres. There were different numbers of the committees as well as appropriate screening periods. However, it was found that the disapprovals of the Thai film and video screening committees did not meet the objectives of the mentioned laws. Moreover, the number of the committees was too high.

            Therefore, it is suggested by the author to adjust the committees by including a representative(s) from the film industry in screening films as well as to set standards for the discretion in screening the films according to the Section 25, the objectives of the law, and the principle of the freedom of expression. It is also suggested to extend the appeal period under the Section 66 to 30 days after being ordered for the fairness of film creators.