A service provider who can prove that he/she has complied with the Notification of
the Ministry issued under Paragraph 2, shall not be subject to the penalty.
Section 16 13Whoever enters a picture of another person into computer system where
such picture was created, edited, added or amended electronically or by any other means in
a manner which is likely to cause such other person to be defamed, denounced, detested or
humiliated, shall be liable to an imprisonment for a term not exceeding three years and a
fine not exceeding Two Hundred Thousand Baht.
In case the offence under Paragraph 1 is committed against a picture of a deceased
person, whereupon such action is likely to cause the parents, spouse, or offspring of such
deceased person to be defamed, denounced, detested or humiliated; the offender shall be
subject to the penalty as specified in Paragraph 1.
In case the act of entering such picture into a computer system as described in
Paragraph 1 or Paragraph 2 is made in good faith, with fair comments given towards any
person or thing which is considered to be of a regular manner of the general public, the
offender shall not be guilty.
The offences stated under Paragraph 1 and Paragraph 2 are compoundable offences.
In case the injured person under Paragraph 1 or Paragraph 2 has died before filing a
complaint with an inquiry official, their parents, spouse or offspring can file a complaint and
shall be deemedthe injured person.
Section 16/1 14 In case where the defendant is found guilty of the offence under
Section 14 or Section 16, the relevant court may order as follows:
(1)
That the data under such Section be destroyed.
(2)
That partial or whole judgement be publicised or disseminated via electronic
media, radio, television, newspapers or any other media as the relevant court may deem
appropriate at the cost and expense of the defendant.
(3)
That any other things shall be done as the relevant court deems appropriate in
order to minimise the damage incurred from such wrongdoing.
Section 16/2 15Whoever knows that the computer data which is in his/her possession
is the computer data that is subject to be destroyed by the order of the relevant court under
Section 16/1, must destroy such computer data; failing which, he/she shall be subject to
half of the penalty provided in Section 14 or Section 16, as the case may be.
13
Section 16 is repealed and replaced by the Computer-Related Crime Act (No. 2), B.E. 2560.
14
Sections 16/1 is added by the Computer-Related Crime Act (No. 2), B.E. 2560.
15
Sections 16/2 is added by the Computer-Related Crime Act (No. 2), B.E. 2560.
6