The Violation of Right to Privacy and Right to Reputation by Vilification in Electronic Commerce Area

Abstract

At present, digital media has influenced to humans in many ways, especially electronic commerce (E-commerce) due to the convenient of online transaction. Businesspersons don’t need to open their own stores but they can use social media to sell their goods. Meanwhile, consumers can use social media for shopping online without traveling. However, the relationship in this manner would be at risk in some way because the businessperson and the consumer haven’t contacted one another by face to face. Moreover a practice of E-commerce requires the consumer to firstly transfer money to the businesspersons and then the businesspersons will deliver goods to the consumers. Currently, some consumers might order the goods but have not transferred money to the businesspersons or even cancel the order; the businesspersons will active post their personal conversation and information of the consumers online, such as names and surnames, personal photographs, addresses, e-mail, including name of consumer’s social media accounts to vilify the business persons publicly.

Such action becomes social punishment measure by using social media to violate privacy rights and make consumers lose their reputation. In addition the businessperson doesn’t afraid of being prosecuted under the law due to the businessperson believes that the action should be done to warn other online businesspersons to be careful about these consumers’ behavior and avoid selling goods to them. The researcher has studied the mechanism of consumers’ damage remedies for such cases from various laws. As a result, the Personal Data Protection Act B.E. 2562 has the most comprehensive measures because it has both the mechanism of complaint through the committee and consumer remedies; civil, criminal and administrative measures. In addition, consumers also do not need to bring the case to court that help the consumers save their both time and money. If consumers and businesspersons can reconcile from the process of mediation, it will be most beneficial to both parties.

However, the researcher suggests that the provisions regarding the power of the court to order the offenders to publish the sentences or the apology advertising should be added in the Personal Data Protection Act B.E. 2562 for giving more complete protection, as well as the provisions in the Penal Code.