The chairman of Thailand’s National Broadcasting and Telecommunications Commission (NBTC) has publicly contested a recent ruling that deems him unqualified for the position. In a video statement released to the press on Monday, Dr. Sarana explained his perspective on the decision made by the NBTC selection committee, which found him ineligible to serve as chairman.
Selection Committee’s Ruling and Rationale
Wisanu Warunyu, spokesperson for the selection committee, stated that on July 17, the committee unanimously voted 4-0. The decision was based on Article 8 (2) of the 2010 NBTC Act, which prohibits individuals from holding office under specific circumstances. Consequently, Dr. Sarana is considered ineligible to serve as chairman, according to Article 18 of the 2021 NBTC Act.
The committee’s ruling stemmed from evidence presented indicating that Dr. Sarana maintained temporary employee status as a physician at Ramathibodi Hospital. This status, involving hourly compensation, reportedly lasted from January 8 to April 12, 2022, a period overlapping with his selection and appointment process.
Dr. Sarana’s Defense and Professional Obligations
Dr. Sarana, who was selected as a commissioner by the Senate in December 2021 and received royal appointment on April 13, 2022, asserted that he continued to fulfill his medical duties during the interim period. He explained that while awaiting royal endorsement, he still had professional responsibilities as a physician, including performing scheduled procedures like cardiac catheterization and balloon angioplasty, as well as conducting outpatient consultations.
“These were imperative — as a physician I cannot abandon patients and I have to complete my duties,” Dr. Sarana stated in his video message. He emphasized that he had to consult with patients who had appointments, reassuring them about their ongoing care and the competence of their future medical providers.
He further elaborated that his actions were in full compliance with professional standards and medical ethics, operating as an independent practitioner. Dr. Sarana clarified that he had resigned from government service on January 8, 2022, and was neither a government officer nor an employee during the period in question.
Legal Framework and Next Steps
The NBTC selection process is governed by specific legal provisions. Article 8 (2) of the 2010 NBTC Act stipulates that commissioners must not be employees or hired by state agencies, state enterprises, or local state administrations. They are also barred from acting as directors or advisors to such entities.
Furthermore, Article 18 of the 2021 NBTC Act mandates that individuals approved by the Senate as NBTC commissioners must provide evidence to the Senate president confirming they do not fall under the prohibitions outlined in Article 8. This submission of evidence must occur within a timeframe set by the Senate president, preceding the Prime Minister’s submission of names for royal endorsement.
Failure to submit the required evidence within the stipulated timeframe results in the forfeiture of the nominee’s right to the commissioner position, initiating a search for replacements, as per the law.
Dr. Sarana indicated that he is considering his legal options concerning the selection committee’s verdict. His challenge centers on his interpretation of his professional status and obligations during the period leading up to his official appointment.
