Thailand: Computer Crime Act, 2017 Introduction In this legal analysis, ARTICLE 19 reviews the 16 December 2016 amendment to the Computer Crime Act of 2007 (the Act). The Act was unanimously amended and expanded by ARTICLE 19 has extensive experience in analysing cyber-crime legislation and various freedom of expression laws. For example, we have previously monitored and analysed freedom of expression legislation in Thailand, including defamation laws1 and the original draft 2007 Computer Offences Act.2 In October 2011, in our submission to the UN Universal Periodic Review (UPR) for Thailand, we also called for amending the Computer Crime Act to better protect the right to freedom of expression.3 We found that existing provisions were vague, overbroad, and subject to wide interpretation by government officials, and violated the Thai Constitution in effect at the time4 as well as international law. ARTICLE 19 expressed that the to freely provide and receive information on the Internet wing the military coup in 2006 saw a surge in charges under the Act to suppress critics and political opponents.5 Unfortunately, we find that the expanded amendments pose even greater threats to freedom of expression than what we outlined in our earlier analysis. The changes have drawn significant attention domestically and internationally. In December 2016, over 300,000 signatures were collected by the Thai Netizen Network for an online petition protesting the new measure.6 Prime Minister Prayuth Chan-ocha said the Amended Act was needed to control the flow of inappropriate information from abroad, particularly content that is offensive to the monarch.7 But the existing 2007 Act has already been used to file charges against critics of the government for activity online. For instance, one critic was reportedly charged under the 2007 the Prime Minister.8 Cyber-security is currently a central issue in Thailand. The Bangkok Post reported in June 2016 that businesses are very concerned about cybercrimes in light of rapid digitisation.9 consistent with its obligations to protect and promote freedom of expression under international law. As a state party to the International Covenant on Civil and Political Rights 1 See, e.g. ARTICLE 19, Impact of Defamation Law on Freedom of Expression in Thailand, July 2009; see also ARTICLE 19, , November 2004. 2 ARTICLE 19, Thailand: Draft Computer Offences Act, April 2007. 3 ARTICLE 19, Submission to the UN Universal Periodic Review of the Kingdom of Thailand, Twelfth Session of the Working Group of the Human Rights Council, October 2011. 4 Constitution of the Kingdom of Thailand, B.E. 2550 (2007), Enacted 24 August 2007, Chapter III Section 45. 5 liberty to express his opinion [and] make speech, write, print, publicise, and make expression by other means; see ARTICLE 19, Thailand: Freedom of Expression on Trial, 31 August 2011. 6 Petition Opposing the amended Computer Crime Act, Thai Netizen Network. 7 Interview, Prime Minister Gen. Prayut Chan-ocha, Matichon,15 December 2016. 8 Human Rights Watch, , 11 December 2015. 9 Suchit Leesa-Nguansuk, AGCS: Thailand second worst for cybercrime, Bangkok Post, 8 June 2016. ARTICLE 19 Free Word Centre, 60 Farringdon Rd, London EC1R 3GA Page 5 of 24 www.article19.org +44 20 7324 2500