Legal Problems on the Injunction of Inappropriate Contents Pursuant to the Computer-Related Crime Act B.E. 2550 (2007)

Abstract

In Thailand, consumers are increasingly exposed to digital content through online advertising. For material against public order or good morals, the law grants a competent official power to suspend or block dissemination of such data. With unclear definitions and a lack of case history, abuses may exist when competent officials exercise personal discretion. Businesses using this content may in turn lose business opportunities indefinitely.

Causes of problems arising from interpretation of inappropriate content or illegal information under the CCA and prohibitive injunctions. Remedies for unduly or recklessly suppressed content were also explored, especially when the blocked data is business-related. A comparative approach to computer content control practices in the United States and People’s Republic of China was also featured, with appropriate recommendations for Thailand. The goal was to resolve discrepancies in enforcing the CCA, while effective, uniform practice would resolve legal enforcement concerns and public abuses of power.