LEGAL PROBLEMS CONCERNING INTERNET SERVICE PROVIDERS AND PROTECTION OF CHILDREN AND YOUTHS AGAINST CYBER BULLYING

Abstract

This study aimed to examine the problem and legal measure concerning supervision of the internet service providers and protection of cyberbullied children and adolescents. At the present time, the technologies have been so much improved that people can access to internet system more considerably. Moreover, this incident results in significant impact on controlling of the internet consumption. Therefore, specific legal measures to regulate Internet access, under too strict rules or legal conditions, may hinder the internet accessibility. In addition, in case legal rules, and conditions to supervise internet access are imprecise and/or not suitable to the social situation, it can be the loophole of law which affects to violation of the rights and liberties of the individuals especially children and adolescents, who are more likely to access communication through internet system. As a result, children and adolescents need more legal protection than individuals. Because their physical conditions and intelligence may not have as great maturity as adults’, there must be a more special legal mechanism than common people.

         Findings demonstrated that due to a lack of integrity in the applicable laws and enforcement, the law governing internet service providers is vague and does not include cyberbullying against children and teenagers, infringing against people's rights and liberties. In order to address and improve the ability to regulate internet service providers, the pertinent laws pertaining to cyberbullying against children and adolescents, particularly in Thailand, should investigate the aforementioned legal issue. To maintain objectivity and defend the rights and liberties of kids and teenagers, the internet service providers must properly monitor for banning or remove misappropriated digital content.