The document showing the confiscation or attachment referred to in Paragraph 5
above shall be in accordance with the relevant Ministerial Regulation.
Section 20 19In case of dissemination of computer data in the following manner, the
competent official may, with the approval of the Minister, file a petition together with
evidence with the court having jurisdiction requesting for an order to block the
dissemination, or delete the computer data from the computer system
(1)
Computer data which constitutes an offence under this Act.
(2)
Computer data which may adversely affect the security of the Kingdom of
Thailand as prescribed in Book II, Title 1 or Title 1/1 of the Criminal Code.
(3)
Computer data that constitutes a criminal offence under the law relating to
intellectual property or any other laws under which such computer data in its character
contrary to public order or good morals of the people of Thailand; and of which the officer
under such law or the inquiry official under the Criminal Procedure Code has requested.
In the case of dissemination of computer data in the manner which is contrary to
public order or good morals, the Minister, with an approval of the Computer Data Review
Committee, may entrust a competent official to file a petition together with evidence with
the court having jurisdiction requesting for an order to block the dissemination or to delete
such computer data from the computer system. For such purpose, the provisions relating to
theComputer Data Review Committee, which isempowered to proceed with the
administrative procedures under the law on administrative procedure shall by implication
apply to the meeting of the Computer Data Review Committee.
The Minister shall appoint one or more Computer Data Review Committees under
Paragraph 2, each of which shall consist of nine members, and three persons out of said
nine members shall be appointed from the representatives of the private sector with
experience in human rights, public communication, information technology or any other
related field. Such Computer Data Review Committee members shall be entitled to receive
remuneration in accordance with the criteria prescribed by the Minister, which have been
approved by the Ministry of Finance.
The Criminal Procedure Code shall by implication apply to the proceedings of the
court under Paragraphs 1 and 2. In case where the relevant court orders a block of the
dissemination or deletion of the computer data under Paragraph 1 or Paragraph 2, the
competent official may either block the dissemination or delete the computer data by
himself/herself, or order the service provider to block the dissemination or delete such
computer data. For such purpose, the Minister shall issue a Notification prescribing the
criteria, period of time and method of blocking the dissemination or deletion of the
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Section 20 is repealed and replaced by the Computer-Related Crime Act (No. 2), B.E. 2560.
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