New cyber crime draft law shelved in face of Thai civil society opposition
Submitted by prachatai on Sun, 24/04/2011 - 13:17A bill meant to replace Thailand's controversial Computer Crime Act of 2007 was put on hold by Prime Minister Abhisit Vejjajiva on 19 April 2011 amidst strong criticism from civil society groups, media reports said.
"The Nation" quoted the prime minister as saying that the draft law, sponsored by the Ministry of Information and Communication Technology (MICT), needs further review.
Groups such as the Thai Netizen Network, iLaw and the Network of Human Rights Law earlier submitted a letter to Abhisit to express their opposition to the draft law which they claimed is worse than the current one.
The Thai Netizen Network said that the amended law does not address old problems but adds more new ones, which will have a wider impact on civil liberty and press freedom.
An Associated Press report quoted Sarinee Achavanunkul, committee member of the Thai Netizen Network as saying that, "If the law is passed, fewer people would want to work as webmasters and administrators due to the high burden of liabilities, and Thailand's information technology industry will suffer."
Paiboon Amornpinyokiat, an IT law expert, added that under this proposed law, more people—besides those working with Internet service providers, web hosting and mobile phone companies—could be easily caught in a dragnet, including ordinary people who have Facebook and Twitter accounts, owing to vague technical terms.
"The Nation" said that one of the main concerns is the draft law's provision on the setting up of a new commission, to be called the Committee to Prevent and Suppress Computer Crimes, made up of representatives from security organizations whose "major role would be to prevent and suppress computer crime."
This commission, in turn, would be overseen by the MICT and the Electronic Transaction Agency. According to iLaw manager Orapin Yingyongphatthana, the commission will have the power—among others—to request computer data.
Paiboon said that another problematic provision of the draft law is Article 16 which could penalize anyone who downloads audio or video files (songs and films), even for fair use (this right is protected under anti-piracy laws). The article states anyone who illegally copies other computer information into his or her own system that may cause damage to others faces up to five year's imprisonment or a fine of THB50,000 (USD1,670) and/or both.
Article 24 (formerly Article 14 concerning computer crimes), on the other hand, could hinder journalists from performing their work because the definition of "information that is inconsistent with the fact" is more vague than "false or unauthentic information" as used in the current law. As this offense is deemed as undermining national security or causing panic, anyone convicted of this charge will face a five-year prison term or a fine of up to THB500,000 (USD16,700) and/or both.
According to IT lawyer Paiboon, any media outlet that posts information such as clips from YouTube or data from Wikileak, which may not yet be 100-percent verified, as part of its news story may be charged under this article.
Article 26 (formerly article 16) would land journalists into legal trouble if they post online any news and information on corruption cases or any similar case that discusses a person's wrongdoing. SEAPA is concerned that this provision is clearly a threat to press freedom as the existing defamation law does not go this far.
This provision also states that anyone who posts online any personal information, or any information that may cause damage to a person or his or her reputation, cause the person to be insulted, hated, or shamed, or cause anyone to believe that such information is true, is punishable for up to five years of imprisonment or face a fine up to THB500,000 (USD16,700) and/or both.
"Expressing opinions should not be subject to censorship, or be restrained within boundaries set by the government; people would otherwise not be able to say anything other than ‘the sun rises in the east,’ iLaw's Orapin told independent news website Prachatai.
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About SEAPA
SEAPA (http://www.seapabkk.org/) is the only regional organization with the specific mandate of promoting and protecting press freedom in Southeast Asia. It is composed of the Jakarta-based Alliance of Independent Journalists (AJI) and the Institute for Studies on the Free Flow of Information (ISAI); the Manila-based Center for Media Freedom andResponsibility (CMFR) and Philippine Center for Investigative Journalism (PCIJ); the Bangkok-based Thai Journalists Association (TJA); and the network's Kuala Lumpur-based associate member, the Centre for Independent Journalism (CIJ).
SEAPA also has partners in Cambodia, East Timor, and exiled Burmese media, and undertakes projects and programs for press freedom throughout the region.
"A bill meant to replace
Submitted by john francis lee (not verified) on Sun, 24/04/2011 - 14:26."A bill meant to replace Thailand's controversial Computer Crime Act of 2007 was put on hold by Prime Minister Abhisit Vejjajiva on 19 April 2011..."
Today's the 24th. Abhisit's been keeping the lid on something any sane politician would have been trumpeting leading into an election, and denouncing 'Big Brother' as well. But Abhisit doesn't want to anger his base.
Just another indication that the Democrats plan on winning, somehow, without public backing.
A contradiction of terms in a democracy.
I agree the bill is odious.
Submitted by Bangkok Dave (not verified) on Sun, 24/04/2011 - 15:26.I agree the bill is odious. But despite the government's conservative bent, it is important to note how responsive Abhisit often is to non-violent, non-threatening civic pressure. Civic groups should continue pressuring the government to liberalize - and ponder whether or not a government controlled by Thaksin or his cronies would be similarly responsive to their demands. All they need to do is remember how he acted while in power.
I am no fan of Thaksin. I
Submitted by john francis lee (not verified) on Sun, 24/04/2011 - 17:29.I am no fan of Thaksin. I well remember his bad-behavior as PM. I was tentatively accepting the coup of 2006! I had never experienced a coup before and I was of the "well maybe that's the way it has to be done in Thailand" persuasion. It didn't take long to be disabused of that notion. People are people and governments are governments the world around.
The present regime is the military regime which took over in 2006. If it wins an 'election' it will become even worse, more repressive and irresponsible than it is now.
Thaksin was overthrown by the military and that should focus his attention on the undesirability of a powerful, politicized military. He should be able at least to make some heads roll and make the rest back off. Then Thaksin will be the problem that replaces the present problem. Life is a series of struggles, it seems. We have to proceed one step at a time.
Unless you see a different path out of the jungle?
"It is importantant to note
Submitted by Darren Nelson (not verified) on Sun, 24/04/2011 - 22:37."It is importantant to note how responsive Abhisit often is to non violent,non-threatening civic pressure." It is also important to note that one after one,international Human Rights groups have noted that Abhisits "responsive" manner and rhetoric rarely achieves the actual results required.In fact, they note, things usually get worse.How can a "man" like Abhisit have the audacity to try to defend the use of cluster bombs by pretending they are not cluster bombs for instance. http://stopclusterbombs.org/
I find it really hard to
Submitted by David Brown (not verified) on Mon, 25/04/2011 - 08:13.I find it really hard to believe that you guys actually believe that a civilian prime minister can possibly be in the same evil league as an uncontrolled and uncontrollable military dictatorship
immunity from prosecution due to protection by the royal (associated) "third hand" gives the Thai military freedom to perform whatever acts it desires including legal sanction and killing of anyone it finds inconvenient, manipulation of government, legal and illegal businesses and even external affairs such as treatment of refugees and the current military initiated and controlled attacks on Cambodia
what should be recognised is that Thaksin was not a free agent, he also had to contend with and try to live with the military and the royalist "third hand" that even he was unable to control
Thaksin tried to reduce the military power and got abused for "interfering" with the annual reshuffle
people blame Thaksin for atrocities like Tak Bai and the hyped Drugs War killings and prefer not to recognise the involvement of out of control security forces
get realistic, recognise the enormous, powerful royal, elites and military forces facing anyone democratically elected in Thailand, ponder on just how such a person can build the country while simultaneously working to dismantle the feudal structure
I and I am sure Thaksin would love to hear from anyone with a carefully thought out plan