Activists brace for lawsuits under contentious Computer Crime Act

ACTIVISTS AND civil-society groups will face serious challenges protecting their rights and natural resources as the amended Computer Crime Act can be broadly enforced against them, legal experts have warned.
After the new amendments of the act were approved on the third reading by the National Legislative Assembly on Friday, many people have expressed concerns about even tighter limits on the Internet and fewer protected rights. In particular, commentators have said that activists will be extremely vulnerable under the law, predicting that it will be widely used in Strategic Litigation against Public Participation (SLAPP) cases.
The category of SLAPP lawsuits designates those that are intended to censor, intimidate and silence critics through punitive litigation.
Maha Sarakham University |lecturer Chainarong Sretthachau said Article 14 of the newly amended law in particular would inflict further harm on activists who |campaign online, instead of closing legitimate loopholes in the |previous version of the act.
“As per the current version of Computer Crime Act, there are five cases that are being litigated using this law against environmental campaigners. All of these cases cite [the previous version of] Article 14,” Chainarong said.
Section 2 of Article 14 states that uploading “distorted” information that may harm national stability, public security, economic stability, public infrastructure or cause panic in society is a crime punishable by up to five years in prison and a Bt100,000 fine.
Chainarong said the article could be interpreted very widely, which meant it could be used as a legal mechanism allowing private companies or authorities conducting projects that harm the environment or people’s livelihoods to punish opposition campaigners who use the Internet.
He gave an example of the existing SLAPP case against Rak Ban Kerd, a community group that opposes gold-mining operations by Tungkum Co in Loei province. The group has been sued twice by the gold-mining company in relation to the group’s use of social media to campaign against the mine.
“I have observed that more than 80 per cent of the enforcement of this law has been to discourage |people’s campaigns against harmful projects. 
“This is a very effective strategy, because people do not have much money or legal knowledge to fight in court, so they suffer even more,” he said.

Climate of fear
Sor Rattanamanee Polkla, a lawyer with the Community Resources Centre, said the situation would become worse under the amended law as activists would work in a more hostile atmosphere with the fear of prosecution severely diminishing the rights of ordinary people and the protection of public resources. 
“This law will make campaigning and communication online harder, as people fear to post or share anything on the Internet. We have to admit that the online world provides a vital platform for campaigners to communicate with society and bring public attention to their problems,” Sor Rattanamanee said.
She added that ordinary people would be at risk of prosecution as well, as Section 4 of Article 14 stipulated that anyone who shares “distorted” information on the Internet could also be liable, which would encourage self-censorship.
Pornthip Hongchai, a prominent member of Rak Ban Kerd, said the Computer Crime Act would definitely affect the group’s campaign against the Loei gold mine as the gold-mine operator Tungkum had already sued the group in Phuket and Tak provinces citing the earlier, less stringent version of the law.
“Even though this law still can be used against us at any time and many of us fear prosecution, we still pledge to carry on our campaign because we are fighting to protect our homes, and this means our lives,” Pornthip said.