Thailand: Computer Crime Act, 2017
security, public security, national economic security or public infrastructure serving
Subsection 3 punishes putting into a computer system
punishes anyone disseminating data when aware that it violates any of the
aforementioned provisions.
ARTICLE 19 notes that the only offence that sets forth to proscribe legitimately criminal
activity - namely computer-related forgery - is Subsection 14(1). We note favourably that
under Article 7 of the Cybercrime Convention addressing forgery. However, 14(1) should be
14(1) should inc
purposes as if it were authentic, regardless whether or not the data is directly readable and
The rest of Section 14 is highly problematic and creates several offences that are not only
unnecessary but could be used to dramatically limit expression online. Subsection 14(2) is
overbroad as it relies upon the same subjective language of harm discussed in Section 12,
may be used to punish inputting any computer data that engages in dissent and is thus
deemed to be critical of government.
provi
-based
restriction. Obscenity is not a form of expression that may be restricted under international
law. The HR Committee has affirmed that restrictions on freedom of expression for the
protection of public morals must be based on a broad understanding of what 'public morals'
means.
Finally, Subsection 14(5) directly abridges freedom of expression by criminalising individuals
who merely disseminate data. The punishment of such re-dissemination is a sweeping
restriction on speech that does not further a legitimate government interest.
Recommendations:
unnecessarily vague. Instead, it should include intent that the fraudulent data be
The remaining provisions of Section 14 should all be stricken.
Criminal defamation
of such other person or to expose such other person to hatred of contempt The paragraphs
ARTICLE 19 notes that criminal defamation laws are inherently vulnerable to being exploited
ARTICLE 19
Free Word Centre, 60 Farringdon Rd, London EC1R 3GA
Page 19 of 24
www.article19.org
+44 20 7324 2500
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières