The Pheu Thai Party has called for the government and the National Council for Peace and Order to return to the people the right to express their opinions on the draft charter without restrictions.
Only with free expression allowed would the atmosphere during the lead-up to the Aug 7 referendum become favourable and the outcome acceptable to all, both inside and outside the country, party said in a statement issued on Wednesday.
The party referred to the Office of Ombudsman's petition for the Constitutional Court to rule whether the 2nd paragraph of Section 61 of the Referendum Act contravenes Section 4 of the 2014 interim constitution regarding rights and freedom of expression.
The 2nd paragraph of Section 61 says that anyone who disseminates in newspapers, radio and TV broadcasts, electronic media as well as other channels, messages, pictures or sounds that are "inconsistent with the truth" or delivered in a violent, aggressive, rude, provocative or threatening manner that could "prevent a voter from casting a ballot... shall be considered as disrupting the referendum".
The party said the provision affected the rights, freedom and equality of the Thai people, which were protected by the 2014 interim charter.
In Pheu Thai's opinion, a referendum is a matter of utmost importance because it is a way of determining the country's future.
In taking part in the referendum, the people must have the freedom to fully express their opinions about the draft charter. They must be allowed to debate the pros and cons of the document.
Moreover, justice must prevail. Both the proponents and opponents of the draft should be given equal opportunity to dissemminate their ideas to the public.
The party said it was very sad that the Referendum Act of 2016 had created an unfavourable atmosphere as its wording was ambiguous and difficult to interpret, leaving it to state authorities to make their own judgements what can and cannot be done during the lead-up to the referendum.
"The party is of the opinion that this would lead to the country - through an unjust referendum - having a constitution which is not acceptable. Therefore, all concerned must explore ways of ending this problem as soon as possible.
"The Pheu Thai Party would like to ask the government, the NCPO, and other concerned agencies to return the rights and freedom of expression to the people so they can express their opinions about the draft charter without restrictions," said the statement.