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Phuket Police chief warns against breach of new Computer Act

PHUKET: Commander of the Phuket Provincial Police, Maj Gen Teeraphol Thipjaroen, has urged people to be aware of the consequences of breaching Thailand’s new Computer Crime Act 2017, which came into effect on Wednesday (May 24).

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By The Phuket News

Friday 26 May 2017, 10:28AM


“Any person or business which promotes a product or products on another person’s or businesses social media page will be breaking the law according to the new Computer Crime Act 2017,” he said.

“If a person or business is found guilty of this they will be fined B200,000,” he added.

“Furthermore, if any person or business sends an SMS advertising a product or products to a number which has not given permission to do so, or sends spam email to an email address, then that person or business, if found guilty, will also be liable to pay a fine also of B200,000,” he explained.

Gen Teeraphol went on to state that pressing the Like button on Facebook should not be a problem unless what somebody has Liked it in relation to the Royal Family.

“If anyone if found guilty of breaking this law then they will be charged under Section 112 of the Criminal Code,” he said.

With regards to Sharing Facebook posts, Gen Teeraphol explained that if shared Facebook posts are deemed to have some form of negative effect on a third party, then the person who shared the post can be charged under Computer Crime Act 2017.

In addition, if any device owner finds illegal information stored on their device which they are not responsible for putting there, they can report this to relevant officials, he said.

“After it is reported then the device owner must remove the content and they will not be charged,” Gen Teeraphol confirmed.

“Also, pornographic material MUST NOT be posted or shared, and if a post refers to a minor then the faces of that minor must be blurred,” he said.

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“However, if it is a post that is respectfully praising and congratulating a minor then the face does not have to be blurred,” he added.

“With regards to posts relating to a deceased person, these posts must not be ruin one’s reputation, or look down upon or show hatred towards that person,” he said.

“If the family of the deceased see that a post does ruin one’s reputation, or looks down upon or show hatred towards that person, then they can take action against the person who has made that post,” he added.

Gen Teeraphol then went on to say that any posts that are seen to scold another person, or if a post is made against another person which is untrue or may cause damage to another person, then the poster can be charged under the new law.

“If found guilty, the poster could be jailed up to three years or fined up to B200,000,” he said.

In concluding his warning, Gen Teeraphol said that people must also take care when sharing and posting songs, pictures, or videos as doing so might infringe on copyright.

“This could also apply to another person’s photos when they have been used for advertising purposes,” Gen Teeraphol concluded.

 

To see the law in Thai on the Royal Gazette official website, click here.

 

 

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Christy Sweet | 27 May 2017 - 14:02:31

Not mentioned in this article but reported by Bangkok Post, just reading certain content  will warrant "a talking to..." and following a certain chaps will merit a criminal charge. Seems "Thought Crime" is here..why, I'm committing a thought crime right now. 

Concerned Visitor | 26 May 2017 - 22:28:26

I believe visitors should do their best to obey the laws of the countries they visit.  I clicked on the link but I was only able to see a document written in Thai.  As the publishers of an on-line English newspaper you would be doing your readers a great service if you could help us obtain an English translation of the new law, so that we can make sure to be in compliance while visiting the kingdo...

Laughing Out Loud | 26 May 2017 - 18:27:05

Couldn't agree with you more Kurt. Can see the abuse and misinterpretation implenenting this law from a mile away!

Kurt | 26 May 2017 - 15:26:38

wow, a fine of 200,000 thb for saying/publishing something what suppose to be free to do according international treaties signed by Thailand.
Which Thai can pay up to 200,000 thb fine?

Seems more serious than a speeding cement truck driver who kills another road user.
Than the fine is less than 1000 thb +

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