the procedure under Section 15 and the Ministry’s regulation to send notifications to ISPs to take down content that the government perceives as a threat. The process of disputing a takedown under the new regulation is also quite onerous for an “infringing” internet user. First, there is no boilerplate counter-notice that is available to the internet user, and second, ISPs have full discretion to decide whether to re-upload the existing content. In addition, internet users are considerably disadvantaged as there is no legal avenue for them to dispute the takedown of their material. Laws against peaceful assembly Under the NCPO regime, the right to peaceful assembly has been severely curtailed through unilateral executive orders and legislation passed by the rubber-stamp National Legislative Assembly: • NCPO Announcement No. 7/2014 (issued on 22 May 2014)37 – Public gatherings of five people or more are banned, with violators facing a punishment of one year in prison or a fine of 20,000 baht (USD 560) or both. • NCPO Announcement No. 57/2014 (issued on 7 June 2014)38 – Political parties are banned from organising meetings or carrying out any political activity. • Head of NCPO Order No. 3/2015 (issued on 1 April 2015)39 – Article 12 of this executive order bans political gatherings of five people or more. Violators face a prison term of up to six months or a fine of 10,000 baht, or both. • The Public Assembly Act (issued on 9 July 2015, and in effect from 13 August 2015).40 Case study: Chiranuch Premchaiporn36 Chiranuch Premchaiporn, the director of the Prachatai website, an independent online news network, and web administrator of the Prachatai webboard, was charged as an intermediary for her failure to comply with the timely removal of allegedly illegal messages from the webboard. The messages were deemed an insult to the King, the Queen or the Heir Apparent. Chiranuch was accused of being complicit or consenting to have the opinions posted on the Prachatai webboard under Section 15 of the CCA. Chiranuch was arrested on 6 March 2009. She fought the case and got bail. She argued that she had done her duty to remove any illegal content but the posted messages were too numerous and she could not remove them fast enough. The Criminal Court dismissed the charges for nine messages, given that Chiranuch did try to remove them. For the only one message that stayed for 20 days before she received a warrant and removed it, the Court deemed her as complicit or consenting. Therefore, Chiranuch was sentenced to one year in prison and a fine of 30,000 baht (roughly USD 900). The penalty was reduced by one third. The plaintiff and the defendant submitted an appeal. The Court of Appeal later reaffirmed the first verdict and the defendant submitted the case to the Supreme Court. On 23 December 2015, the Supreme Court again reaffirmed the verdict. The case has now ended and leaves the only interpretation precedent of the online intermediary liability in Section 15 of the CCA before the Ministry’s regulation has set a new practical standard. 36 “Chiranuch Premchaiporn: Director of Prachatai”. Freedom of Expression Documentation Centre. https://freedom.ilaw.or.th/en/ case/112 The Public Assembly Act contains a series of restrictions on public assemblies: • It requires protesters to “notify” the local police 24 hours in advance about the objective, date, place and time of the assembly. The authorities, however, have the power to allow or not allow the protest. This notification system seems to be a permission procedure. • It bans demonstrations within 150 metres of royal places, or within the compounds of the Government House, Parliament and courthouses, unless a specific area has been authorised and designated by the authorities. • It bans rallies from 6 p.m. to 6 a.m. • It bans the use of amplifiers from midnight to 6 a.m. • It prohibits protesters from blocking entrances. • It prohibits any disturbance at government offices, seaports, train or bus stations, hospitals, schools and embassies. 37 English translation sourced from: http://library2.parliament. go.th/giventake/content_ncpo/ncpo-annouce7-2557.pdf 38 English translation sourced from: http://www.mea.or.th/moi/ pomc/doc/ncpo57.pdf 39 English translation sourced from: http://library2.parliament.go.th/ giventake/content_ncpo/ncpo-head-order3-2558.pdf 40 English translation sourced from: https://tlhr2014.wordpress. com/2015/11/06/thailands-public-assembly-act-2015-procedureson-notification-of-public-assembly-authorised-equipments-forcrowd-control-and-limitation-of-utilizing-the-sound-amplificationequipments 132 / Unshackling Expression