Thailand: Computer Crime Act, 2017 International human rights standards The protection of freedom of expression under international law The right to freedom of expression is protected by a number of international human rights instruments that bind states, including Thailand, in particular Article 19 of the Universal Declaration of Human Rights (UDHR)10 and Article 19 of the International Covenant on Civil and Political Rights (ICCPR).11 Additionally, General Comment No 34,12 adopted by the UN Human Rights Committee (HR Committee) in September 2011, explicitly recognises that Article 19 of the ICCPR protects all forms of expression and the means of their dissemination, including all forms of electronic and Internet-based modes of expression.13 In other words, the protection of freedom of expression applies online in the same way as it applies offline. State parties to the ICCPR are also required to consider the extent to which developments in information technology, such as Internet and mobile-based electronic information dissemination systems, have dramatically changed communication practices around the world.14 The legal framework regulating the mass media should take into account the differences between the print and broadcast media and the Internet, while also noting the ways in which media converge.15 Similarly, the four special mandates for the protection of freedom of expression have highlighted in their Joint Declaration on Freedom of Expression and the Internet of June 2011 that regulatory approaches in the telecommunications and broadcasting sectors cannot simply be transferred to the Internet.16 In particular, they recommend the development of tailored approaches for responding to illegal content online, while pointing out that specific restrictions for material disseminated over the Internet are unnecessary. They also promote the use of self-regulation as an effective tool in redressing harmful speech. As a state party to the ICCPR, Thailand must ensure that any of its laws attempting to regulate electronic and Internet-based modes of expression comply with Article 19 of the ICCPR as interpreted by the HR Committee and that they are in line with the special Limitations on the right to freedom of expression While the right to freedom of expression is a fundamental right, it is not guaranteed in absolute terms. Restrictions on the right to freedom of expression must be strictly and narrowly tailored and may not put in jeopardy the right itself. The determination whether a restriction is narrowly tailored is often articulated as a three-part test. Restrictions must: 10 11 12 13 14 15 16 UN General Assembly Resolution 217A(III), adopted 10 December 1948. GA res. 2200A (XXI), 21 UN GAOR Supp. (No. 16) at 52, UN Doc. CCPR/C/GC/3, adopted on 12 September 2011, available at http://bit.ly/1xmySgV. Ibid, para. 12. Ibid, para. 17. Ibid, para. 39. Joint Declaration on Freedom of Expression and the Internet, June 2011. ARTICLE 19 Free Word Centre, 60 Farringdon Rd, London EC1R 3GA Page 7 of 24 www.article19.org +44 20 7324 2500