Experts from academia, computer security, and the world of business have expressed deep reservations regarding the Computer Crime Act, fearing it imposes excessive restraints on free speech, deters innovation, and reduces overall economic growth.
Speaking at a seminar in Bangkok, Ann Lavin, Public Policy and Government Relations Director at Google Southeast Asia, said the Act has spooked foreign investors.
According to an article appearing in the Bangkok Post, she was particularly critical of Section 15 of the Act, which imposes heavy fines (and potential jail sentences) on any web service provider found in breach of Section 14. Section 14, in turn, bans the publication of material which undermines national security, induces panic amongst the general population, or is pornographic in nature.
Taken together, the two sections allow for website operators to be held accountable if illegal content is featured on their sites, regardless of whether or not the content was posted by themselves or independent third parties (on a discussion forum or in a comments section, for example).
According to Lavin, these measures create unneeded financial and legal risks for would-be entrepreneurs. She also stated that the Computer Crime Act prevented Google from launching several new products in the Thai market.
A recent study measuring innovation placed Thailand 57th worldwide. A separate poll, done by the Thai Commerce Ministry, revealed that many website operators did not properly understand the Computer Crime Act. The Act has been in place since 2007.
