LEGAL PROBLEMS REGARDING PUBLIC EXPRESSION OF OPINIONS ON SOCIAL MEDIA

Abstract

Abstract

This research article aims to: 1. examine legal concepts, principles, and theories related to public expression in online society; 2. study laws governing public expression in online platforms; 3. investigate and analyze legal issues; and 4. propose appropriate solutions suited to the Thai context. This study adopts a qualitative research approach by examining the Constitution of the Kingdom of Thailand B.E. 2560 (2017), the Criminal Code, the Civil and Commercial Code, and the Computer Crime Act B.E. 2550 (2007), as amended in B.E. 2560 (2017), as well as relevant concepts, theories, and academic works from both domestic and international sources. The data were systematically analyzed using content analysis.

The findings indicate that freedom of expression is a fundamental right guaranteed by the Constitution under the principle of protecting the rights and liberties of the people. However, the exercise of such a right must not infringe upon the rights of others or disrupt public order. Relevant laws include provisions on freedom of expression, defamation offenses, and the importation of false data into computer systems. A key issue identified is the lack of clarity regarding the legal boundaries of expression specifically, what constitutes a violation of rights or a criminal offense. This ambiguity leads to uncertainty in law enforcement and may unnecessarily affect the exercise of public freedoms. Therefore, it is recommended that clear guidelines or criteria be established for the interpretation and enforcement of laws concerning online expression. This would help achieve a balance between protecting individuals’ freedom of expression and safeguarding the rights of others, thereby ensuring that the exercise of such rights is appropriate and consistent with the rule of law.