ปัญหาและแนวทางปรับปรุงเสรีภาพในการพูดของสมาชิกรัฐสภาในระบบกฎหมายไทย

Abstract

Freedom of speech is a fundamental privilege and immunity that plays a crucial role in enabling members of parliament to perform their duties of debate and voting freely without interference from other institutions. This privilege ensures that statements made by members of parliament during parliamentary or committee meetings cannot be subject to legal proceedings in court. In Thailand, the constitution has recognized the privilege and immunity regarding the freedom of speech of parliamentary members since the Provisional Constitution of the Kingdom of Siam, B.E. 2475 (1932), up to the current Constitution of the Kingdom of Thailand, B.E. 2560 (2017). However, this privilege and immunity have evolved over time, reflecting the decline of democratic governance in Thailand. These developments can be categorized into three periods: The First Period: Under the Provisional Constitution of the Kingdom of Siam, B.E. 2475 (1932), the privilege and immunity of freedom of speech for parliamentary members were absolute, covering only their statements and voting in parliament. The Second Period (1932–1992): During this time, the privilege and immunity of parliamentary members were expanded to provide absolute protection to parliamentary committees and individuals involved in parliamentary processes. The Third Period (1992–Present): The privilege and immunity of parliamentary members’ freedom of speech have become less absolute. If parliamentary sessions are broadcast via radio, television, or other media, and if the statements made by members during these sessions severely violate ethical standards or constitute legal offenses, especially if they involve defamatory remarks against external individuals, such statements may be used as grounds for legal action in court by affected individuals.