Thai govt: clicking 'like' could land you in jail

[buksida]

Govt's social media warning slammed
Media experts and netizens on Tuesday spoke out against the government's warning not to 'like' or share political postings on social media websites, insisting that neither action should be considered a crime.

The outrage was prompted by a statement made by Information and Communication Technology (ICT) Minister Anudith Nakornthap on Monday.

The minister said internet users need to be wary that clicking 'like' and sharing hearsay about possible coups and violence could be deemed as damaging national security, hence breaching the Internal Security Act and the Computer Crime Act.

According to the Computer Crime Act, perpetrators who import data to a computer system that is likely to damage the country's security or cause public panic face imprisonment and a fine.

Sarinee Achavanuntakul, head of the Thai Netizen Network, on Tuesday hit back at government, saying that the ICT minister's warning is a restraint on freedom of expression and shows how oppressive the Computer Crime Act can be.

"I do not want social media users to be too concerned over (the matter) or let this situation control our freedom of expression," she said.

She also pointed out that Mr Anudith needed to clarify the Computer Crime Act, because people are unable to distinguish what content could be considered in breach of national security or deemed to cause public chaos.

Time Chuastapanasiri, a researcher at the Academic Institute of Public Media, insisted that individuals must be allowed to publicise their political opinions.

Sharing and 'liking' political messages should not be prohibited, he said. The government will be fighting a losing battle if they wish to take action against such normal social media behaviours, he added.

"We have to understand that the country's security is totally different from the government's security.

"People can express their opinion about politics as long as they do not harm other people's rights and reputation. If they spread information that is defamatory, then they should be punished accordingly," he said.

Many netizens meanwhile expressed discontent with the ICT minister's warning.

One user wrote on her Facebook page that she is not a lie detector and that she has the right to press the 'like' button on any posting, despite not knowing whether the message is right or wrong.

Another user commented that people can no longer express their points of view, adding that personal opinions do not affect national security, while one poster wrote that the Computer Crime Act is no different from a tyrant's order to subdue anyone with differing views.

Paiboon Amornpinyokeat, a computer law expert, explained that the Computer Crime Act did not restrict people from expressing political opinion, but only states that messages must not commit lese majeste, overthrow the government or cause terrorism.

"If cyber users post or share messages relating to those three issues, they will be charged for violating the Computer Crime Act. Those clicking 'like' on the postings may be found guilty of conspiring to commit the crime," he said.

He advised social media users to exercise caution over how they react to postings.

For example, if a person wrote that a coup will happen without providing any reliable evidence, people should ignore the message, said Mr Paiboon.

He added that Mr Anudith's warning was a psychological tactic to suppress anti-government groups led by the People's Democratic Force to Overthrow Thaksinism, who have been staging a rally since Sunday.

Source: Bangkok Post

Thought: Of course it is okay to 'like' the we love Thaksin page. Utter lunacy.

[PeteC]

"We have to understand that the country's security is totally different from the government's security....."

[Pleng]

Govt's social media warning slammed

The minister said internet users need to be wary that clicking 'like' and sharing hearsay about possible coups and violence could be deemed as damaging national security

Well I don't know where Western law stands on this, but i'm sure that clicking on 'like' links about plans to overthrow the British government or encouraging violence would at least get you on a watch list.

It's not like they're saying "dont show your support for the opposition" is it? They're saying "don't support violent protests and attempts to undemocratically oust the government". Whilst I'm sure the laws could well be abused, the actual message that is being conveyed doesn't sound totally unreasonable!

[Pleng]

Govt's social media warning slammed

The minister said internet users need to be wary that clicking 'like' and sharing hearsay about possible coups and violence could be deemed as damaging national security

Well I don't know where Western law stands on this, but i'm sure that clicking on 'like' links about plans to overthrow the British government or encouraging violence would at least get you on a watch list.

It's not like they're saying "dont show your support for the opposition" is it? They're saying "don't support violent protests and attempts to undemocratically oust the government". Whilst I'm sure the laws could well be abused, the actual message that is being conveyed doesn't sound totally unreasonable!

also

One user wrote on her Facebook page that she is not a lie detector and that she has the right to press the 'like' button on any posting, despite not knowing whether the message is right or wrong.

Really? I reserve the right to like something regardless of whether I understand it of not??? That's a pretty bad argument.

[STEVE G]

Really? I reserve the right to like something regardless of whether I understand it of not??? That's a pretty bad argument.

I think her argument was more that you might agree to a point of view but based purely on what you have read without being able to ascertain the truth of what was written. You might agree that someone should be removed from office if you read an article stating that they're corrupt but you're basing that decision purely on what you have read without actually knowing the facts.

[bigideas]

"I can like whatever I like" surely you can't be thrown into prison for liking something!
It is what's implicit in the liking which is the sharing and of course the assumption that you are trying to overthrow an elected government. However, any lawyer worth his money would be able to spot the assumptions therein. There is a big difference between putting a million people on a watchlist and throwing someone in prison just for liking something!

[buksida]

Correct, its total hypocrisy and censorship of freedom of speech - but then this government is no stranger to that having blocked more websites than any previous.

[buksida]

'Liking' political rumours is a crime
Police Maj Gen Pisit Pao-in, commander of the Technology Crime Suppression Division, defends his agency against criticism over its threat to take legal action against Facebook users who "like" certain messages of a political nature.

He talks to The Sunday Nation’s Pakorn Puengnetr in an exclusive interview.

Q : Are asking if clicking "like" is now against the law.

It will be if you 'like' a message deemed damaging to national security. If you press 'like', it means you are accepting that message, which is tantamount to supporting it. By doing so, you help increase the credibility of the message and hence you should also be held responsible.

Q : Is this rule the same in other countries?

This has nothing to do with foreign countries, because they have different laws. We are taking preventive measures in dealing with this matter. Others may use the principle of law but we use the principle of political science.

Q : Do you think the police have done anything wrong in this?

I don't know. But believe me, I can take legal action against you. The Penal Code and the Computer Crime Act can be applied in this matter.

Q : Which message of the four people summoned by the TCSD was deemed unlawful?

Basically, they talked about the possibility of a coup, which is groundless and is clearly against the Computer Crime Act.

The TCSD action is just meant to have a psychological impact. We don't want these four persons to be jailed. We just questioned them and it's okay for them to say they didn't mean to create panic.

After this action, people are now more careful [about their Facebook messages]. I am mainly aiming at social peace.

So you mean from now on, people can't click 'like'?

I'm not prohibiting from pressing 'like'. But if you 'like' this kind of message, you will be arrested.

Q : What about "sharing" such a message?

There are two kinds of sharing. If you share in a way to support the original message, this is wrong. But if you comment against the message, this is okay.

Q : Will this rule be applied to all cases?

We will just focus on cases of political violence. If you don't prevent it, bad news will be covered by foreign media and confidence [in Thailand] will be affected.

Q : There has been a campaign that "liking is not a crime".

It's okay for people to "like" a Facebook page. But they can't 'like' rumours anymore. I think I have achieved my goal.

Q : Is the TCSD action intended as a threat?

No. We work without any bias about the political colours. Two of those summoned were red shirts, another is a white mask. [The last one is Thai PBS editor Sermsuk Kasiti pradit.]

Q : How did the TCSD go about this case?

I have a team here [at TCSD] and at the Royal Thai Police HQ. Our team searched the keyword "coup" and we found posts by these four persons. It was not difficult. We didn't have a particular watchlist.

Q : Do you think police will be criticised for this action?

It's okay. I just do my work and I have achieved my goal.


What the law says
The Criminal Code and Computer Crime Act can be enforced against people who "like" and "share" Facebook messages deemed unlawful by police, according to the Technology Crime Suppression Division commander.

Section 59 of the Criminal Code, involving Criminal Liability, states that "A person shall be criminally liable only when such person commits an act intentionally. … To commit an act intentionally is to do an act consciously and at the same time the doer desired or could have foreseen the effect of such doing."

Section 83, about Principals and Supporters, states that, "In case of an offence accrued by commission of two persons or more, such accomplices deemed to be principals shall be punished as provided by the law for such offence."

Under Section 14 of the Computer Crime Act, any person involved in dissemination or forwarding of computer data already known to be against this law shall be subject to imprisonment for not more than five years or a fine of up to Bt100,000, or both.

Source: The Nation

[Korkenzieher]

It is the 'Thought Police' in full flow. I am pretty sure that 'liking' subversive content in various western democracies might get you onto lists of some kind - known sympathisers, that sort of thing - but I doubt very much it would be grounds for arrest or prosecution in itself. I hope I am not wrong about that!

[hhfarang]

It is the 'Thought Police' in full flow. I am pretty sure that 'liking' subversive content in various western democracies might get you onto lists of some kind - known sympathisers, that sort of thing - but I doubt very much it would be grounds for arrest or prosecution in itself. I hope I am not wrong about that!

In the U.S. it could probably get you targeted by a drone under the current administration!

[PeteC]