
A judge advocate of the Central Administrative Court yesterday expressed his opinion that MCOT should return more than Bt49 million to media personality Sorrayuth Suthassanachinda in a dispute over advertisement revenue sharing.
Judge Anuchai Hunsawat announced his advocacy view after the court spent two hours deliberating a suit filed by Sorrayuth against MCOT. Sorrayuth alleged in the suit that MCOT breached its contractual obligation to give his firm Raisom a 30-per-cent discount for extra advertisement time during Sorrayuth's programme on Modernine TV.
After Sorrayuth gave testimony at the court, Anucha said MCOT's argument that Raisom should have informed MCOT in advance about the extra advertisement time did not make sense.
Anucha said other firms had also received the 30-per-cent discount for extra advertisement time. As a result, MCOT should give Bt49 million covering the discount plus 7.5-per-cent per annum interest to Raisom, the judge said.
Anucha said MCOT should also share with Raisom 50 per cent of the revenue from advertisements aired during Raisom's programmes. The value of this 50-per-cent revenue share had yet to be calculated, the judge said. The advocacy opinion is not binding on the judgement of the full panel of judges ruling in the case.
Sorrayuth filed the case against MCOT after he was accused by the broadcaster of embezzling Bt138.79 million he owed to MCOT for extra advertisement time during his news talk programme on Modernine TV. Sorrayuth agreed to pay the Bt138.79 million to MCOT and sued the state firm for what he said MCOT owed Raisom.
Although Sorrayuth has paid the amount back, the National Anti-Corruption Commission has recommended legal action against Sorrayuth and some executives of Raisom for the alleged embezzlement. Sorrayuth yesterday told the court that Raisom had fully complied with the MCOT contract.
He told the court that the contract was based on advertisement time-sharing. Sorrayuth said it was not fair for MCOT to claim that because it owns Modernine TV it could air its advertisements during Sorrayuth's programme for longer than the initially agreed upon time. The claim ran against the principles of good governance at MCOT, Sorrayuth said.
He said the regulation that Raisom needed to inform MCOT in advance of extra advertisement times was issued after MCOT's disputes with Raisom began.

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Article source: http://www.thethailandlinks.com/2012/11/17/judge-issues-opinion-backing-sorrayuth/
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