Originally posted by the Voice of America.
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Amended Computer Crime Laws Spark Protests in Thailand

by Ron Corben

   BANGKOK --

   Thai media activists say Thailand's reputation as a regional leader for
   free speech has suffered a further setback with the passage of amended
   laws governing computer crime.

   The amendments to the 2007 Computer Crimes Act were passed
   overwhelmingly by the military backed National Legislative Assembly
   last week.

   Thai officials say the changes target the digital economy and society
   while protecting the people's rights from being violated on social and
   digital media.

   The amendments also impose hefty fines and jail sentences in cases
   related to national security, defamation and online fraud, with jail
   terms of up to five years.

   Two selected committees are also to be set up to "oversee online
   content," with content providers required to keep records for two
   years.

   But the legislation immediately sparked protests and cyber-attacks on
   government websites.

   The protests included a nearly 400,000 signature campaign to press the
   government to step back from the amendments. Reports say several Thai
   government websites were hit by cyber-attacks Tuesday.

   The amendments are in addition to Thailand's tough Lese Majeste laws
   protecting the Thai Royal Family from criticism and defamation, with
   several people facing lengthy jail sentences for alleged breaches of
   the law.

   Analysts say the new laws may also impact political debate ahead of
   national elections due late 2017.

   Amnesty International said the changes allow for the prosecution and
   imprisonment of computer users who "peacefully express their opinions
   online, as well as internet service providers hosting sites where such
   opinions are posted."

   The rights group said the laws enable authorities to "conduct invasive
   surveillance of internet traffic -- in some cases without prior
   judicial authorization -- and to suppress electronic content deemed to
   threaten a variety of vaguely defined state interests".

   Amnesty International's Thailand director, Piyanuch Kosot, said the
   laws created a climate of fear and anxiety in the online community.

   "Fear, fear because it impacts their privacy, it impacts the freedom to
   share or express or post anything on the internet. So it would be fear
   and then anger and then worry -- that would be three key words for
   now," Piyanuch told VOA.

   She said her group would continue to monitor enforcement of the law as
   well as raising concerns, given the public's reaction to the
   legislation.

   Thailand's online news and social media community have been critics
   since the original legislation was introduced in 2007, also under a
   military controlled legislative assembly.

   Arthit Suyriyawongkul, from the Thai Netizen Network, said concerns
   date back to the original laws, and add to existing controls on online
   media. Arthit said there are concerns over the law's application ahead
   of the 2017 vote, potentially limiting public debate.

   "The problem that has been an issue in the past nine years is of course
   the freedom of expression. In particular we worry about the next
   election -- because in the new section 14 -- subsection 1 -- there's a
   term added -- it's called distorted information -- this term has been
   added," Arthit said.

   The government targeted activists ahead of last August's national
   referendum on a new constitution, leading to the arrest of several
   students accused of "disseminating publications" critical of the draft
   charter.

   In an editorial, The Bangkok Post newspaper said the bill betrayed "its
   purpose of ensuring cyber security, freedom and privacy for people,"
   including the government.

   The bill, the paper said, affords "too much power" to state authorities
   to decide what constitutes a violation under the law.

   These concerns are also shared by Panitan Wattanayagorn, a political
   scientist and adviser to Deputy Prime Minister Prawit Wongsuwan.

   Panitan said while Thailand's ongoing deep political divide called for
   regulations on public and media debate, there was a concern of
   authorities overreaching their powers.

   "In a true sense when you put too much power in the hands of a
   government officer and they don't exercise good judgement there's
   always a problem. That's one area that people [who] drafted the law
   must listen carefully," Panitan said.

   "And mindful alone might not be enough. Civil society and others can
   also act as a check and balance with this [law]," he said.

   But Panitan also said he believed the regulations were necessary given
   the issues of false news, slander and defamation on social media
   postings.

   Critics say the "criminalization of speech and computer data,
   intermediary liability -- burden of proof, the unpredictability of the
   law, expanded investigation powers, broader control of information and
   surveillance of encrypted information are reasons for concern.

   But government supporters say "all content," especially on social
   media, would be "better filtered", while libelous content would be more
   strictly defined to reduce legal cases of libel.