Legal Measures to Prevent and Suppress Online Fake News

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chatjakrit choochuay


The increasing problem of spreading false news online. This thesis aimed to (1) study the concepts, theories, and principles of legal measures for preventing and combating fake news, (2) study the international law: the Budapest Convention on Cybercrime and the laws related to preventing and combating fake news in Malaysia, Singapore, Philippines, China, and Germany, (3) analyze Thai laws concerning the prevention and combat of fake news in comparison to international and foreign laws, and (4) propose recommendations for improving and clarifying the laws related to preventing and combating fake news.This research is qualitative research by studying criminal measures and administrative measures to prevent and suppress online fake news, including researching both Thai and foreign language documents of edict, The study found that (1) freedom of expression and freedom of speech were protected by the constitution. However, if the exercise of these rights impacted the public order or good morals of the people or infringed on the rights or freedoms of others, the state could intervene by enacting laws that restricted these rights and freedoms. (2) in the comparative study with the laws of Malaysia, Singapore, Philippines, China, and Germany, it was found that the prevention and combating of fake news were legislated as specific laws, clear definitions were provided, the severity levels of offenses were defined, authorities was empowered to issue orders to manage fake news, and measures and penalties were established for service providers to self-regulate. (3) Thailand has no specific laws, making it an obstacle to preventing and suppressing fake news online. (4) therefore, it was advisable to amend the Act on Commission of Offences Relating to Computer B.E. 2550 (2007) by providing clear definitions and boundaries of offenses, authorizing government officers to issue the administrative order to manage fake news, and specifying administrative measures and punishments for service providers under government supervision.

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