Thailand: Computer Crime Act, 2017
dishonest intent nor a requirement for serious harm. Even if anonymous conduct online were
to cause harm, it could be adequately addressed by existing provisions in the criminal code.
There is no legitimate purpose in punishing, on its own, anonymous speech. Doing so serves
to chill many cases where anonymous speech protects and promotes freedom of expression.
Moreover, we find it concerning that the Minister is granted unchecked power to control the
nature, volume, and frequency of communications. This includes the ability to decide what
communications based on content. It is incompatible
freedom of expression and should be stricken.
Finally, Section 26 problematically requires service providers to retain computer traffic data,
order to be able to
prohibit privacy-protective services and search engines which are designed not to log user
information or IP-addresses. Cases where investigators require data to be retained can be
handled on an individual basis involving court oversight; there is no reason for a blanket rule
requiring providers to retain user data.
Recommendations:
Section 11 should be stricken in its entirety;
The provisions of Section 11 allowing the Minister to decide the nature, volume, and
frequency of e-mails grant absolute power to control and censor communications should
be stricken out in their entirety;
-data retention and mandating the collection of
identifying information on users should be abolished.
Enhanced penalty offences involving certain computer systems
Section 12 and its subsections provide for severe penalties of up to ten to twenty times the
original offence when the offence includes certain computer systems. The examples provided
ARTICLE 19 is extremely concerned that these terms are broad and not formulated with
sufficient precision to enable an individual to regulate his or her conduct. They do not require
nalties of
up to fifteen or twenty years imprisonment are unduly severe.
sanction. This reading is consistent with international standards, including the Cybercrime
Convention. The one subsection stipulating serious harm, Section 12(3), namely death
without intention to kill, could be dealt with using existing offences in the criminal code
relating to manslaughter and thus a separate computer crime is unnecessary.
Recommendations:
Section 12 and its subsections should be omitted as written. At a minimum, crimes
against protected systems must be narrowly defined to critical infrastructure necessary for
nd carry significantly less
severe penalties;
ARTICLE 19
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