Activists call for change in cyber-crime law ‘loophole’

One of these was a cyber-crime, as Suraphan was alleged to have defamed the firm on the group’s Facebook page “Muang Rae Muang Loei” (“Mineral Mines in Loei”).

In December 2014 he posted a photo of a letter of complaint that alleged Tungkum was illegally given permission to operate a gold mine and a gem mine on six plots of land.

The Nation has obtained the official indictment from Suraphan’s lawyer which shows that a representative of Tungkum lodged a complaint against the activist in a court in Mae Sot in Tak province. It was alleged that Suraphan had committed a computer crime because the message posted could be viewed by clients of the company and may damage the firm’s credibility. People may think Tungkum was irresponsible when it comes to society, the charge claimed.

The Nation has attempted to contact Tungkum, but has received no response.

A source in Rak Ban Kerd explained that because the content could be accessed via the Internet, anyone could file a lawsuit anywhere. As a result, Suraphan, who was based in Loei, had to travel all the way to Mae Sot to fight the case.

The court eventually dismissed the case two years later, but it depleted a considerable amount of Suraphan and the group’s resources.

“It was exhausting – not only for Suraphan, but also the colleagues in the group. We all had to raise funds to be used in fighting [the lawsuit] in the court as well as the travel expense,” the source said. “That is not all. Besides travelling the long distance, prior to every appointment, we also had to prepare for the case. It was very time consuming. We could have spent the time working against the mines.”

Rak Ban Kerd members are mostly villagers who live near mines operated by Tungkum. The source said that villagers felt the impact from the beginning of the first mine commencing operations.

“The first day they started setting off bomb blasts in the mine. We felt the vibrations. And we started talking to one another,” the source said. “After that, there were many issues that followed. There was noise from the mines that kept us awake at night and there was environmental impact from the mines that affected our health also.”

The source alleged some people may have died from chemicals coming from the mine, as autopsies revealed people had manganese, cyanide, and iron in their blood. The corporation, however, has denied responsibility.

The source said people living in six villages near the mines formed the group in 2004. They opposed the existence of the mines in the area when Tungkum was granted a concession to operate them until 2028.

He said the company stopped running the mines three years ago. Although the company still has the concession, the villagers think it won’t renew the contract with the Forest Department because it is such a hot issue.

“But it seems to have not stopped yet. So, we cannot stop either – not until 2028 when the concession ends,” the source said.

The villagers continue to lodge complaints to stop the mines from operating again and have to attend courts to keep up their fight against the mines. Although Suraphan’s case was dismissed, there are still several ongoing cases against the group.

“We beg that the powers-that-be reconsider the computer crime law. It was really difficult for us. People can use the loophole in the law to cause us trouble – get us to travel a really long way, and obstruct our work,” he said. “We are already very troubled having to fight against these mines. We don’t want any more cyber-crime cases to add to all the problems we have now.”