Legal Measures for the Protection of Victims under Criminal Procedures Code: A Case Study of Child Cyberbullying Causing Suicide

Abstract

              The objectives of this paper were: 1) to study problems of Thai and international relevant laws with regards to cyberbullying, 2) to analyse the draft provision regarding child abuse through online media, which is set to be inserted into the Penal Code under section 309/3 in case of cyberbullying, by conducting a comparative study with international relevant laws, and 3) to propose an amendment guideline on the provision to ensure the appropriate protection of child victims from cyberbullying causing suicide or attempted suicide. This study was conducted by using qualitative research, compiling related documents, and interviewing.

               The findings indicated that the characteristic of cyberbullying was repetitive actions that emotionally and psychologically provoked child victims, possibly causing suicide. As of now, there haven’t been any Thai laws regarding the protection of such cases; therefore, these cases shall require the provisions most nearly applicable, which are the Penal Code and the Commission of Computer-related Offences Act B.E.2550 (2007) and the amendment to the Act (No.2) B.E.2560 (2017). These laws, however, was outdated and did not cover the cases of cyberbullying. The provision regarding child abuse through online media in case of cyberbullying, which was to be included in the Penal Code under section 309/3, was later drafted. To ensure those child victims will be protected, the study thereby suggested that the definition of section 309/3 should be amended as “whoever acts in a way…” so that even a single cyberbullying causing the death of child victims will be convicted as well.