Computer crime law interpreted broadly

SUNDAY, DECEMBER 27, 2015
Computer crime law interpreted broadly

THE 2007 Act on Computer Crime was, as the date says, enacted eight years ago under the previous junta government. Countersigned by the then-prime minister General Surayud Chulanont, the Act has been notably used by authorities to enforce laws on lese maj

One of the most frequently mentioned articles of the Act, Article 14, reads:
If any person commits any offence of the following acts [they] shall be subject to imprisonment for not more than five years or a fine of not more than Bt100,000 – or both:
(1) that involves import to a computer system of forged computer data, either in whole or in part, or false computer data, in a manner that is likely to cause damage to a third party or the public;
(2) that involves import to a computer system of false computer data in a manner that is likely to damage the country’s security or cause a public panic;
(3) that involves import to a computer system of any computer data related with an offence against the Kingdom’s security under the Criminal Code;
(4) that involves import to a computer system of any computer data of a pornographic nature that is publicly accessible;
(5) that involves the dissemination or forwarding of computer data already known to qualify under (1) (2) (3) or (4).
However, the Act has also long associated – in Article 14’s frequent enforcement in combination with defamation laws and redundant prosecutions – with increased punishment of defendants and an inability for parties involved to compromise.
According to Sarinee Achavanuntakul, an independent academic on cyber freedom, one of the Act’s drafters told her the Act was essentially designed to counter cyber crimes such as ‘phishing’ and ‘pharming’.
In the most recent case, factory worker Thanakorn Siripaiboon was charged on Dec 8 with committing offences under the Computer Crime Act’s Article 14, and the Criminal Code’s Article 112 on lese majeste and Article 116 on sedition. His alleged crimes on Facebook include copying and reposting an infographic intended to expose the alleged scandal in the construction of Rajabhakti Park, and pressing “like” on photos deemed to be insulting the monarchy.