Thailand: Computer Crime Act, 2017 Lack of procedural safeguards for human rights protections: Procedural safeguards for human rights protections are markedly absent throughout the Amended Act. There is no reference to Thailand's obligations to uphold and protect the right to freedom of expression and other human rights protected by international law. The absence of any such provisions could threaten the entire Act's compatibility with international standards and the enforcement of human rights in this area. Recommendations Offences should be modified from strict liability offences to clearly include requirements criminal liability attaches; Enhancements to penalties, if they are included, must be less severe and limited to ems comprising critical infrastructure that is necessary for the public safety; The Amended Act should provide sufficient safeguards for the protection of human rights and specifically reference international standards; Public interest defences should be made available to ensure that legitimate whistleblowers, journalists, researchers, and human rights defenders acting in good faith are not prosecuted under the Act. Definitions In general, ARTICLE 19 welcomes that this section sheds some light upon key operative terms of the Amended Act. In particular, we note that the definitions of computer system, computer data, and traffic data are consistent with the definitions contained in the Cybercrime Convention. We are, however, concerned about the lack of definitions of key terms connected to the prosecution of computer-related crimes. The Amended Act does not provide a definition of sanctions. Further, the Minister of Digital Economy and Society (Minister) has broad discretion to but does not require any judicial oversight on the appointment of the officials. Recommendations: The Amended impairment or losses; Given the broad powers given to a Competent Official under the Amended Act, his/her appointment should be amended to include rigorous and transparent procedures and judicial scrutiny. Illegal access Section 5 of the Amended ARTICLE 19 Free Word Centre, 60 Farringdon Rd, London EC1R 3GA Page 14 of 24 www.article19.org +44 20 7324 2500