Legal problems pertaining to freedom of expression: An analysis of section 14 and section 20 of the computer-related crime act B.C. 2550 (2007)

Abstract

       The right to freedom of expression, as outlined in Section 34 of the Constitution of the Kingdom of Thailand supports democracy in an era of digital technology. Communication through computer systems is essential for free public participation in state affairs. Yet the Computer-Related Crime Act B.E. 2550 (2007; The Act) and subsequent amendments, particularly Sections 14 and 20, have raised criticisms that the state has increasingly used these provisions to suppress freedom of expression. The government frequently invokes national security, public order, or morality to justify intervention, especially in politically sensitive contexts. This has sparked debate over the constitutionality and fairness of these legal provisions and their enforcement in light of legal and human rights principles.

       Results highlight three key legal issues:
1) vague, overly broad language in statutory provisions, allowing for discretionary abuse; 2) lack of standards or guidelines to differentiate between constitutionally protected speech and unlawful content; and 3) enforcement mechanisms uncompliant with the proportionality principle. Additionally, Thai authorities tend to emphasize exceptions over protections, undermining the core constitutional value of freedom of expression.