Civil rights groups, advocates for freedom of expression, online media and netizens are all up in arms against the new computer crime bill which will replace the existing law that has been in force since July 18, 2007. They have a good reason to fear and despise the new law, which they believe will make the current legislation, already condemned as repressive, seem mild in comparison.
Evidence abounds as to how bad the current Computer Crime Act is. Ever since the law came into force four years ago, many tens of thousands of websites and web pages have been cached, blocked, blacklisted or shut down by the chief law enforcer, the Ministry of Information and Communications Technology.
Worse, many people have been arrested on lese majeste charges, with the most celebrated case being that of Chiranuch Premchaiporn, webmaster of Prachathai online media. Her case is still pending in court but has already been heavily criticised by both local and international rights organisations.
The country's first computer crime law originated from a controversial videoclip posted on YouTube which was seen as offensive to the monarchy by the government of Surayud Chulanont. Despite the government's requests to have the clip in question removed, YouTube declined, prompting the government to draft the law which clamps down on internet usage. The consequences of the repressive law are already well-known and hurtfully felt as far as freedom of expression in the cyber world is concerned.
It should not be surprising why the first computer crime law sought to restrict free expression on the internet as it was crafted by a military-appointed government. After all, state censorship in the national interest, real or perceived, has always been the mindset of the military establishment. But for a democratically-elected government _ like the present one led by Prime Minister Abhisit Vejjajiva which pledged strong support for freedom of expression _ to introduce a more repressive law to control internet use is quite deplorable.
Indeed, why do we need a new computer crime law? Are the tens of thousands of websites and web pages that have been closed, blocked or blacklisted not high enough already for the ICT Ministry?
Respected professor Nidhi Eeo-seewong of Midnight University has pointed out that the public has not had any say in the entire process of the new law's formation _ from the drafting, deliberating and passing into law by Parliament. There has not been a single public hearing to allow members of the public to share their opinions as required for a law that has such a serious impact on the population.
It appears the law was drafted in haste and behind closed doors by a handful of bureaucrats with the obsolete conviction that ``tight control'' is the best defence against misuse of the internet and for the protection of the revered institution. As such, some of the provisions in the law have been drafted in such a way that merely downloading a song may be construed as an offence; or illegally possessing software such as a Word program can be construed as an offence because it could be used to write a message deemed offensive to the monarchy.
We do not need a new computer crime law. Indeed, the ICT Ministry would do us all a much greater service by refocusing its energies on developing computer software and communications technology, instead of being obsessed with internet censorship.
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