The Impact on People’s Rights and Freedoms in Communication Through Computer Networks

Abstract

This research aims to study and compare the legal frameworks of Thailand and other countries regarding the freedom of people in communicating via computer systems, analyze the limitations and impacts of the Computer-Related Crime Act (No. 2) B.E. 2560 on freedom of communication, and study the proportionality between the enforcement of the law and the protection of the freedom of people under Thai law regarding communication via computer systems. The research results show that the legal frameworks of Thailand and other countries differ in protecting freedom of communication. Section 14 contains ambiguous words such as “false information”, which leaves the state with wide discretion without a check and balance body. Meanwhile, the laws of the United States, the Federal Republic of Germany, and the Kingdom of Japan use the principle of proportionality with a court system that checks the state’s power. This law aims to control cybercrime, but it is used to limit people’s freedom of expression, political expression, and law enforcement lacks balance. Although the state has the right to limit freedom for security, it has used its power beyond the scope of the law in many cases. Therefore, the Computer-Related Crime Act should be amended to be clearer, especially regarding the scope of officials’ powers, and to stipulate that access to people’s data must be authorized by the court in order to reduce the risk of violating people’s privacy rights. Consider using alternative measures instead of criminal punishment, fines, or probation. For cases of non-serious offenses against state security and to strengthen the mechanism for checking and balancing law enforcement to determine whether there is a violation of people's rights and freedoms.