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Online Censorship in Thailand

By IBLS Editor

Thailand has a long history of government- authorized censorship. The 2007 Constitution of the Kingdom of Thailand and the 1997 Constitution guarantee freedom of speech with the proviso that censorship may be imposed in certain circumstances. Additionally, Thailand's Computer-Related Crimes Act, which was introduced by the military junta, imposes some limitations by penalizing a range of computer-related speeches.  

The 2007 Constitution of the Kingdom of Thailand guarantees freedom of speech but a law may impose censorship "for the purpose of maintaining the security of the State, protecting the rights, liberties, dignity, reputation, family or privacy rights of other persons, maintaining public order or good morals or preventing or halting the deterioration of the mind or health of the public."  

One of the first orders passed by the military junta that took power in Thailand on September 19, 2006, was to appoint an Official Censor of the Military Coup. The military junta took its cue from the overthrown elected government, which had publicly stated that it intended to block 800,000 Websites from Internet users in Thailand. Between the ascension of the military junta and Thailand"s general election in December 2007, the Official Censor blocked 17,793.  In addition, the Royal Thai Police claimed having blocked a further 32,500 Websites.

The Computer-Related Crimes Act (CRCA) imposes a penalty of twenty years' imprisonment for certain computer crimes. The CRCA requires all State and private organizations to install log management systems that store and monitor computer data for the purpose of preventing Internet crime. Failure to comply with the Act's monitoring provisions carries a fine of up to 500,000 baht (approximately US $14,500). The law allowed for a 30-day to 1-year grace period, which expired on August 23, 2008.

What are some of the international reactions to Thailand's extensive censorship practices?
On May 20, 2008, the international organization Reporters Without Borders expressed alarm at certain comments made by the Thai Minister of Information and Communication Technology on May14, 2008, in which he declared that prosecuting Websites because of their content would cause a "big scandal" and that it was better to just "suppress the news" by closing them down or blocking access. The Reporters Without Borders organization declared that by "voicing a preference for radical censorship measures, the minister is in complete contradiction with the Computer Crime Act."

The Minister was interviewed on the radio on May 14, 2008. When asked why the Websites were blocked, the Minister replied: "They have content about the monarchy. Thai people cannot bear this, and no one can. "

How have local Internet Service Providers (ISPs) attempted to achieve compliance with the CRCA?
The CRCA stipulates that a court order must be obtained before a Website can be blocked. Notwithstanding, passage of the Act has given rise to a wave of self-censorship in which Thailand's ISPs have sought to independently block certain Websites to avoid facing criminal charges under the law for transmitting illegal content. In addition, ISPs are required to keep all Internet traffic logs for 90 days. As a result of this provision, several bloggers who posted comments that were adverse to Thailand's monarchy were arrested under the CRCA based on the tracking of their IP addresses by Thai ISPs.

How has the CRCA been used to suppress political dissension in Thailand?
Thai authorities have tended to operate somewhat heavy-handedly in their blocking of Websites that are critical of Thailand's monarchy. For example, Thailand's official censor blocked the Website YouTube for seven months in 2007 based on certain anti-monarchy videos posted to the site, and the Ministry of Information and Communication Technology blocked not only YouTube's domain, but also seventy-five separate YouTube URLs before YouTube's management agreed to block any video clips deemed offensive to the Thai people or those that violate Thai law.

Is there a local public resistance to the widespread censorship?
An interest group called Freedom Against Censorship Thailand (FACT) is pressuring Thailand's Parliament to address certain issues related to Thailand's censorship rules, including amending the 2007 Constitution and repealing the CRCA.

Conclusion:
Thailand's government has engaged in a variety of censorship measures that are aimed primarily at suppressing political dissension. The two most important laws governing Internet censorship are the provisions of the 2007 Constitution that allow the government to impose censorship, and the Computer-Related Crimes Act, which was introduced by a military dictatorship, but is still enforced by the democratically elected Thai government.

Full post as published by IBLS Internet Law Blog on December 08, 2008 (boomark / email).