Bangkok: The Supreme Administrative Court has instructed the Central Administrative Court to consider a consumer lawsuit against the National Broadcasting and Telecommunications Commission (NBTC) for negligence in allowing advertisements to interrupt television programs broadcast over the internet or via applications.
According to Thai News Agency, the lawsuit was filed by a user who watched a television program broadcast on the Internet through an application. The user claims that the NBTC and its associates failed to fulfill their responsibilities under the Act on the Organization to Assign Radio Frequency and Regulate the Broadcasting, Television, and Telecommunications Business B.E. 2553. The plaintiff argues that the NBTC neglected to supervise and inspect broadcasting operators who provide Over The Top (OTT) services, allowing advertisements to be inserted during general television programs in a manner that could exploit consumers. The Administrative Court had previously declined to consider the lawsuit.
The Supreme Administrative Court's decision to order a review is based on the plaintiff's claim of suffering distress or damage due to the actions or omissions of the defendants in overseeing OTT television services. The court recognized that these services fall under the definition of 'television business' as per the Radio Frequency Allocation and Broadcasting and Telecommunications Business Act B.E. 2553. The case is viewed as a dispute over the administrative agency or government officials neglecting their legal duties or performing them excessively late, as stipulated by the Administrative Court Establishment Act and Administrative Litigation Procedures Act B.E. 2542.
The plaintiff has requested the court to mandate the NBTC to establish criteria and regulations for broadcasting services via the internet, ensuring that such services do not exploit consumers with advertisements during program viewing. The plaintiff also seeks a requirement for OTT television operators to obtain a license from the NBTC to ensure supervision under relevant laws. The lawsuit emphasizes the need for the administrative agency or government officials to perform their duties within a specified timeframe to prevent unfair consumer exploitation and protect public interests. The Supreme Administrative Court considers the outcome of this case significant for public benefit, aiming to prevent unfair advantages and unnecessary consumer burdens. The case is categorized as an administrative lawsuit focused on protecting public interests, allowing the plaintiff to file at any time following the Administrative Court Establishment Act and Administrative Court Procedure Act B.E. 2542.