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Editorial - 26 Dec 1997
A chilling idea for Internet law
The Thailand chapter of the international Internet Society is pushing a deficient,
scary and unnecessary new law on the country. There is great danger that apathy may
lead to passage of the most restrictive law on communications in Thailand's history,
and in the current world. It is ironic that this comes immediately after passage
of a people's constitution that specifies freedom of speech
The proposed new law on the Internet is deficient in many ways. it provides virtually
no means of educating the public about the new electronic information age, for example.
And it makes no mention at all of electronic security issues. This is particularly
strange, since growth of the Internet depends largely on its commercial uses. There
is ,in fact, a need for a comprehensive and thought-out law on use of the internet
and similar electronic commerce
The Isoc-Thailand group has overstepped its own charter. The stated aims of the
Internet Society Thailand are to educate both the public and experts about the Internet
and electronic technology. Its charter specifically states that it is not a political
organisation and will not engage in political activities. Clearly, trying to influence
the government on Internet law is a wholly political task
The main advocate of this unneeded law is Srisakdi Charmonman, head of the society
and Thailand's first PhD in any computer subject. Dr Srisakdi is a distinguished
academic, administrator and head of a major internet provider, based at Assumption
University. He has felt little need to explain his proposal to the public. That may
change beginning today and on Jan 15, when there will be public hearings on his proposal
Whether Mr Srisakdi will realise his error and withdraw his proposal remains to
be seen
The main problem with the draft Internet Promotion Act comes in two sections,
articles 11 and 16. These articles start off badly with language that "prohibits
the dissemination of information" on certain subjects. This phrase should be
enough to send warning signals. But in this case, it gets worse. In an overbearing
desire to micro-manage what people say, the law would make it illegal to discuss
a wide range of subjects
As an example of just how ludicrous this proposed new law is, it would bar information
on sex services. In other words, there could be no information about medical treatment
of Aids and sexually transmitted diseases on the Internet. It would ban information
that discredits government officials - such as, perhaps, information on how cabinet
ministers have accumulated great wealth. And it bans any information at all that
might lead to the disunity of the nation - the great catchall used by petty dictators
throughout the world and in Thailand, from Pibulsongkran to the Suchinda regime
Isoc-Thailand also wants full control of the Net itself. Under the proposed new
law, the government would have total control over who could run an Internet site.
All Internet access would be licensed
Dr Srisakdi and the Internet Society should honourably withdraw their proposed
bill completely. It cannot be rewritten and be useful. In the future, a law on electronic
commerce, including encryption, may be necessary, and experts should be consulted
If Isoc-Thailand insists on pressing its ill-advised and unwanted restrictions,
Minister of Transport and Communications Suthep Thueksubanmust make it clear he cannot
accept the proposal. It is both unconstitutional and distasteful for Thais to accept
such censorship at this point. The role of government is to enforce existing laws
on pornography and let the Internet develop on its own
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