Legal Measures to Limit and Control the Exercise of Freedom of Communication Through Computer Systems

Main Article Content

Natawat Jiraserirat
Suksamai Suthibhodee

Abstract

This academic article aims to analyze the legal measures to limit and control the exercise of freedom of communication through computer systems under the Computer-related Offenses Act B.E. 2560 by applying the concept of rights and freedoms of the Natural law School, rights and liberties under Universal Declaration of Human Rights, legal state, rule of law, criminal justice administration, opportunity principle, and the principle of proportionality including the relevant law as a framework for analysis.


The result of the study indicates that the Computer-related Crime Act B.E 2560 section 14 (1) and (2) allows the official to determine the scope of importing data into a computer system widely. The law is enforced together with multiple legal measures such as the Article 112 and 116 of the Criminal Code, Martial Law Act B.E. 2457, Internal Security Act B.E. 2551, Emergency Decree on Public Administration in Emergency Situation B.E. 2548. Article 20 also establishes the Computer Data Screening Panel to enforce Administrative Procedural Laws and the Criminal Procedure Code to rule the case before being assigned the permission from the Ministry. For example, they could launch the rules, could investigate and rule the case. This is the monopoly of power without check and balance. This effects the principle of proportionality of the restriction and control the rights and freedom of communication through computer network.

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How to Cite
Jiraserirat, N., & Suthibhodee, S. (2021). Legal Measures to Limit and Control the Exercise of Freedom of Communication Through Computer Systems. Ph.D. In Social Sciences Journal, 11(2), 269-282. Retrieved from https://so05.tci-thaijo.org/index.php/phdssj/article/view/180349
Section
Academic Article

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