(SEAPA/IFEX) – SEAPA is alarmed that Thailand’s interim, military-installed government plans to push through draft legislation on computer-related crimes which contains provisions that may curtail freedom of expression on the Internet. On 15 November 2006, the National Legislative Assembly (NLA) approved in principle a bill allowing prosecution of perpetrators of computer-based offences, including data theft […]
(SEAPA/IFEX) – SEAPA is alarmed that Thailand’s interim, military-installed government plans to push through draft legislation on computer-related crimes which contains provisions that may curtail freedom of expression on the Internet.
On 15 November 2006, the National Legislative Assembly (NLA) approved in principle a bill allowing prosecution of perpetrators of computer-based offences, including data theft and dissemination of pornography. A vetting committee was given seven days to scrutinise the bill.
SEAPA is concerned that the legislation will be pushed through without objection or thorough scrutiny, given that the current legislative body is operating under martial law.
In addition, local netizens, including representatives of online news publications and academic websites, believe that the government is rushing the law in response to the growing number of websites that are critical of the National Security Council, the junta that installed the present government after staging a bloodless coup d’etat against former prime minister Thaksin Shinawatra on 19 September.
Internet advocates are concerned that the law would give the interim government licence under the “due process of law” to close down legitimate websites, including academic and political sites that provide pluralistic views on current affairs and the ongoing restoration of the democratic process.
Prior to the creation of the bill, the previous government, under Thaksin, faced strong protest over the abuse of authority by the Ministry of Information and Communication Technology (MICT), which had blocked or closed down websites critical of the government.
The present government is taking the high moral ground to justify Internet censorship. At his first meeting with the press on 14 November, newly-appointed MICT Minister Sitthichai Pokhai-udom said he believed in censorship. “Even the most avid freedom of speech advocate would change his mind if he sees doctored pictures of his daughter’s head on a naked body, posted on the Internet,” he was quoted as saying in the English-language “Bangkok Post” on 16 November.
Responding to this statement, Supinya Klangnarong, secretary general for the local media advocacy group Campaign for Popular Media Reform, said that rationalisation was too extreme. “That concern is a particular problem that needs to be addressed, but it should not be used as an excuse to impose blanket censorship,” she said during a forum on Internet freedom and the restoration of Thai democracy on 15 November.
BACKGROUND:
The bill in question has been pending from the time of Thaksin’s government. While the intent of the 28-article piece of legislation is to tackle crimes related to hacking and pornography, it also provides legal safeguards for national security, public order and individual reputation which, without given clear definition, could be abused, especially to stop government critics and the exercise of free speech on the Internet.
For example, article 13 of the draft bill states that those who post content deemed to be a threat to national security or considered an offence under national security law, or to damage the reputation of a third party, could face up to five years of imprisonment or a fine of up to BHT100,000 (approx. US$2,740), or both. Forwarding a pornographic e-mail can land a person in prison for up to three years and a fine of up to BHT10,000 (approx. US$274).
Members of the Thai Webmaster Association, a club of cyber self-regulators, have expressed concern that the bill gives cyber police the authority to seize computers or servers “suspected” of being used to commit crimes. Shutting down servers is particularly worrisome as it would create a ripple effect on hundreds of websites. The webmasters are also wary of the vagueness of some of the terms employed in the draft legislation, which means the bill will cast a wide net.
