Thailand: Computer Crime Act, 2017
ARTICLE 19 notes Section 8 does not provide for any intentionality requirement. We observe
that Cybercrime Convention Article 3 which punishes illegal interception has several
components not present in Section 8 of the Computer Crime Act. The Convention provides for
public transmission
onSections 9 and 10 punish the interference with and damaging of computer data and systems,
respectively, without requiring there to be serious damage. We observe that Section 5 of the
Cybercrime Convention requires system interference to includ
an
exceedingly broad provision and could lead to severe punishment of conduct that does not
actually cause harm.
Both Sections 9 and 10 of the Amended Act as written only require conduct to be done
- at a
minimum added to both provisions.
Recommendations:
Section 8 should replace the vag
-
Punishing anonymous speech
manner that disturbs the
19 finds that this provision is unnecessary and interferes with the ability to remain
anonymous online.
As we outlined in the previous section of this analysis, anonymous speech is necessary for
human rights defenders, journalists, and protestors to engage in the legitimate exercise of
expression both online and offline. Punishing anonymous communications is hence a
restriction on expression. As the Special Rapporteur on FOE stipulated in his 2015 Report,
restrictions on anonymity must meet the three-part test of limitations to the right to freedom
of expression under international law.
Here, the restriction does not achieve a legitimate purpose, and is based on a vaguely-defined
harm of d
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