INTERNET CENSORSHIP BY LAW: A CHALLENGE TO THE CONSTITUTIONAL RIGHT TO FREEDOM OF EXPRESSION IN THAILAND

Jompon Pitaksantayothin

doi:10.32890/uumjls.5.2014.4575

Abstract

In Thailand, at present, content on the Internet is subject to a legal regulatory framework. The Ministry of Information and Communication Technology (MICT) takes a leading role in enforcing the Computer-Related Crime Act 2007 to censor content on the Internet which is deemed ‘illegal’. In this article, it is contended that the legal regulation of Internet content which Thailand adopts is problematic in several aspects. This could pose a serious threat to the constitutional right to freedom of expression of Internet users in Thailand. Keywords: Internet censorship, freedom of expression, Thailand.

Highlights

In Thailand, the right to freedom of expression is guaranteed by the Thai Constitution 2007.1 Despite the constitutional guarantee, the Thai government has been notoriously imposing restrictions on freedom of expression on the Internet
There is evidence showing that the Thai authorities began to implement Internet censorship as early as 2002.11 In 2002, the Thai police ordered the ISPs in Thailand to block access to the website of Patani United Liberation Organization (PULO), www.pulo.org
Under the current Thai regulatory framework, the only way to challenge the judicial order is to bring the case to the Thai Constitutional Court, alleging that Section 20 violates the constitutional right to freedom of expression

Summary

Introduction

In Thailand, the right to freedom of expression is guaranteed by the Thai Constitution 2007.1 Despite the constitutional guarantee, the Thai government has been notoriously imposing restrictions on freedom of expression on the Internet. Under the NCPO Decree No.11/2557, the Thai Constitution 2007 was repealed on May 22, 2014. When Thailand has the new constitution, the main arguments against Internet censorship and legal principles explained in this article will remain unchanged. This article begins the discussion with a brief account on the importance of freedom of expression and how censorship has subversive effects on the value of freedom of expression. It will examine the situation and the process of Internet censorship by law in Thailand.

THE RIGHT TO FREEDOM OF EXPRESSION

Censorship and the Restriction of Freedom of Expression

The Situation of Internet Censorship by Law in Thailand

ISPs websites

Conclusion