The Right to Privacy in Thailand: Privacy International Submission to Human Rights Committee
to monitoring news deemed critical of the royal family. An earlier Senate report
confirmed 60-70 officers from Royal Thai Army alone participated in the Army’s
“Information Warfare” and “Information Operations” to read online content
and respond if content potentially falling under the crime of lèse majesté is
found.11
After the death of the Thai King Bhumibol Adulyadej on 13 October 2016,
social media surveillance has reportedly considerably stepped up.12 The Thai
government’s replies to the list of issues confirms this where it states that
“at present, there has been an increasing number of defamation incidents
conducted in cyber space or social media, resulting in a rise in cases filed
against the accused by referring to Section 14 of Computer Crime Act in
connection with Sections 326 and 328 of the Criminal Code (on offence of
defamation).”13
Apart from the police and the military, the Thai government relies largely on
Thai citizens to monitor and report on political dissent. Active encouragement
includes providing financial rewards for sharing of personal information,
including pictures, of those displaying opposition to the government,14 to
reactivating the cyber scout programme, encouraging students to monitor the
internet and denounce anything illegal according to Thai law.15
Beyond active encouragement, the government can rely on the support of a
range of groups of private individuals, including some ultra-royalist groups,
whose activities result in the invasion of individuals’ privacy in the quest to
pursue the crime of lèse-majesté”. Thai authorities use the information revealed
to support the prosecution of individuals exposed by such groups.16
Unlike most websites, social media services are spaces that require the user to
create an account and log in to access the full range of social media services,
for example, sharing articles or exchanging messages with other users.
Each social media service is governed by terms of use set out by the private
companies that provides the service as to what can and cannot be accessed
when you are logged in or not logged in.
Any attempt by law enforcement agencies or security services to covertly
add the targeted user as a validated contact, e.g. to use fake profiles, to
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12
13
14
15
16
Subcommittee for the Study of Online Social Media and Threats to National Security, Report on the Study of
Online Social Media and Threats to National Security, Senate Committee on Armed Forces, 2012, http://www.
senate.go.th/w3c/senate/pictures/comm/66/file_1353298809.pdf
Prachatai, Thailand’s witch-hunting culture explained by sociologist, 26 October 2016, http://prachatai.org/
english/node/6672?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+pra
Replies of Thailand to the list of issues, UN doc. CCPR/C/THA/Q/2/Add.1, paragraph 107.
Saiyasombut, S., Thailand’s junta offers $15 reward for info on dissidents, Asian Correspondent, 24 June
2014. Available at: http://asiancorrespondent.com/124071/thailands-junta-offers-15-reward-for-info-ondissidents/
See Privacy International, Friends, Followers, Police Officers, and Enemies: Social Surveillance in Thailand,
September 2016, https://www.privacyinternational.org/node/935
For example the Social Sanction (SS) group became well-known with the arrest of Norawase Yotpiyasathien,
a business administration student from Kasetsart University, for his blog posts deemed to contain content
insulting the royal family. He was, at 23 years old, the youngest person arrested for lèse-majesté, which
caused concern among students. The SS exposed Norawase and published his name, photos, personal address and
phone numbers online. When he was arrested the SS wrote “another one is down.” Norawase was arrested before
the military coup, a time when lèse-majesté sentences were significantly more lenient and he was therefore
released on bail after a few days of arrests. More information on this and other cases are contained in
Privacy International, Friends, Followers, Police Officers, and Enemies: Social Surveillance in Thailand,
September 2016, https://www.privacyinternational.org/node/935
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