Abstract:
The announcement of Thai Constitution 2540 B.E., Article 40 resulted in a change of the structure of boardcasting television industry from a government monopoly to more open to private sectors. Peole can do business in boardcasting television under a theme of 'Free and Fair Competition'. This has changed a philosophy of communication business to conform to an economic theory, which uses more of a good point of business and its competitiveness. Therefore, it is very important to search for legal measurement to implement article 40 and to make the best benefit of the competition conduct to people. The regulations of competition conduct in broadcasting television industry consist of two types of legislation to regulate industries, which are specific legislation for mass media and competition law. Specific legislation for mass media is to control broadcasting television industry as it is a producer of cultural commodity and public goods, which may effect peoples benefit to receive information and the quality of their lives. Thus, the main idea of the specific legislation for mass media is to build a process of selecting a qualified business operator to the industry whereas the competition law is to assure that the society and the consumer obtain the best benefit from the business which is fairly conformed and efficient. Laws and legislation that involve the regulations of competition conduct in broadcasting television industry in Thailand consist of the specific laws that would follow Article 40, and general law. The law that would follow Article 40 is the specific legislation to prevent a concentration of an industry that will lead to a limitation of public choices or their information rights. The general legislation, is the Competition Act 2542 B.E. which is used to prevent the operators from distorting the competitive mechanism in order to seek for excess profits. However, to enact or to enforce these two systems of law in order for the competition conduct to highly benefit the public under the spirit of the constitution, we have to look into the fact that the Free and Fair Competition is able to benefit the public as well as is efficient in the economic system.