Thailand: Computer Crime Act, 2017
for the public safety;
Sufficient safeguards should be included for the protection of human rights and
specifically reference international standards. In particular, public interest defences
should be made available to ensure that legitimate whistleblowers, journalists,
researchers, and human rights defenders acting in good faith are not prosecuted under
the Amended Act;
Given the broad powers given to a Competent Official under the Amended Act, the
appointment of this function must be amended to include rigorous and transparent
procedures and judicial scrutiny;
Sections 6, 7, 11, 12, 14(2-4), 16, 17, 18(1-3 and 7), 20, 21, 24, and 26 of the
Amended Act should be stricken in their entirety;
Section 8 should be amended to require that
that it apply only to the interce
that it
Sections 9 and 10 should be amended. They should both omit the
Section 9 should also
An intentionality requirement must be added to Section 13. Moreover, all paragraphs of
Section 13 that cross-reference Section 12 should be stricken and the maximum penalty
provision provided in the final paragraph of Section 13 should be omitted;
Section 14(1) should be amended: it should include intent that the fraudulent data be
uthentic, regardless whether or
not the data is directly readable and intelligible;
Section 15 should be amended to require that aiding and abetting liability only attach
where an individual or entity acts intentionally to further the underlying offence. Further,
the provision allowing the Minister discretion to exempt a provider from liability should be
omitted;
Section 18(4-6, 8) should be amended to provide explicit due process protections,
meaningful judicial oversight, and notice provisions.
ARTICLE 19
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