Thai legislators has just passed the Computer Related Offences Bill, by voting 119 to 1 at the National Assembly on May 9. Press freedom activists however are concerned that this is the government’s way to crack down on free expression since the draft law will give the government the legal muscle to curb online expression.

On May 9, 2007, Thai legislators in the National Assembly voted 119 to 1 in favour of passing the Computer Related Offences Bill, giving the government the authority to act on Internet abuse. The bill also provides for lengthy prison terms for offenders.

Press freedom activists however are concerned that this is the government’s way to crack down on free expression since the draft law will give the government legal muscle to easily shut down or block websites, seize computers, and penalise people who use proxy servers to access banned sites. Furthermore, some of the laws overlap with existing criminal offences, leading to even more excessive penalties.

“If this Bill receives royal assent, it will allow the authorities to take wide-ranging action to control even perfectly legitimate use of computers. This is likely to give rise to a profound chilling effect on the use of the Internet in Thailand,” said Dr Agnès Callamard, executive director of ARTICLE 19, a human rights organisation focusing on the defence and promotion of freedom of expression and freedom of information worldwide.

Undermining online expression

Prior to this draft law, on March 28, Thailand’s Deputy Prime Minister Paiboon Wattanasiritham said that the Thai government has set up a national committee to place controls on television, film, magazines, and websites to ensure a “safe and creative media.” The committee was tasked to put tight controls on media content to ensure items that it deems to be inappropriate for young people are not published.

As such, last April, the Thai government has banned access to YouTube video-uploading website <http://www.youtube.com/> after it broadcast a 44-second film showing graffiti over the king's face. Communications Minister Sitthichai Pookaiyaudom said the site was banned after the Thai government asked YouTube owner Google to remove it but declined to do so.

Although the proponents of the Computer Related Offences Bill claim that the legislation is meant to address pornography and computer-related crimes such as hacking and data theft, activists fear that this could be used against critics of the government.

Content regulation vs. freedom of expression

According to Reba Shahid, in an article posted in GenderIT.org, “Freedom of expression is the basic right of every human being; irrespective of gender, religion or race. It is indeed ironic that in this perceived modern and civilised world or ours, censorship and accumulation of information through the Internet are taken to be two sides of the same coin. Governments can choose to block what they don’t want the citizens to see, yet they can demand access to data from internet service providers, encroaching upon an individual’s privacy.”

GenderIT.org aims to develop an information resource/knowledge sharing site for gender and ICT advocates, civil society organisations and policy makers. Visit <http://www.genderit.org/en/index.shtml?apc=i90480-e—1> to read related articles, case studies, researches, and resources on content regulation and censorship.

Sources:
“New Thai Law Seeks to Control Online Expression” from ARTICLE 19, posted on May 14, 2007, <http://facthai.wordpress.com/2007/05/14/new-thai-law-seeks-to-control-online-expression-article-xix/>. 
“Proposed law seeks to curb online expression” from International Freedom of Expression eXchange (IFEX), posted on May 15, 2007, <http://www.ifex.org/en/content/view/full/83381>.
“Thai legislators approve cyber crime bill that also limits Internet free expression” from Southeast Asian Press Alliance (SEAPA), posted on May 11, 2007, <http://www.seapabkk.org/>. 
“Thailand blocks access to YouTube” from BBC News, posted on April 4, 2007, <http://news.bbc.co.uk/2/hi/asia-pacific/6528303.stm>. 
“THAILAND: Some Asian Governments Want to Control Those Pesky Bloggers [Asia Sentinel]” from Asian Human Rights Commission in News, posted on April 4, 2007, <http://www.ahrchk.net/ahrc-in-news/mainfile.php/2007ahrcinnews/1086/>.