•
On 12 April 2017, the Ministry of Digital Economy
and Society released a prohibition order preventing people from contacting three persons,
Somsak Jeamteerasakul, Pavin Chachavalpongpun and Andrew MacGregor Marshall. The
order was announced on online media so people would not dare to go and see these three’s
Facebook posts. This raised the question as
to whether being a “friend” on Facebook with
these three persons was legal or not. Hours
later, Captain Somsak Kaosuwan, Deputy Permanent Secretary, Ministry of Digital Economy
and Society, explained that this order had no
legal effect.
•
In May 2017, Provincial Police Region 1 announced that even though it could not arrest
persons who posted content against the monarchy on Facebook who were in exile abroad,
it had eyes on those Facebook pages. What we
should bear in mind is that visiting and reading
content on social media were not illegal under
any existing laws.
•
On 8 June 2017, the National Broadcasting and
Telecommunication Commission (NBTC) announced an “over the top” system to regulate
online content. The NBTC ordered all online
media that had an online platform, for example,
YouTube and Facebook, to register. The NBTC
reasoned that YouTube and Facebook, which
provide platforms for live streaming, are also
broadcasters. This was all self-interpretation.
Since then, the NBTC has not issued any rule or
regulation on how to register with it and there is
no one really registered with the “over the top”
system. Under the NBTC Act, there is not any
section that grants the NBTC such power.
•
On 3 July 2017, the NRSA, through its steering committee on mass communication
reform, released a “suggestion report” which
recommended a system through which all mobile phones, especially prepaid phones, would
need to be registered with the NBTC, using fingerprints and facial scan identification cards all
across the country. This became big news online
and offline, even though this was only a suggestion report which would not be brought to
practice and in fact, such a system was beyond
the capabilities of Thailand’s current technology
and beyond its legal authority.
Most people who were interested in freedom of
expression or followed the news would not have
enough time to do in-depth research on these matters. What they could do was just follow the hot
news. They could not have known if these policies
or proposed laws would be enacted in reality and
affect their freedom or not.
Thus, most people would just remember that
the government tried to legislate to regulate online media, to suppress freedom of expression and
to access people’s online personal data. However,
most of them do not know that those regulations
and measures cannot be carried out in reality.
The public’s confusion and misunderstanding
regarding those measures and the government’s
legal authority brought fear to the society, since
people do not truly know what the government
could and could not do. Self-censorship was the
first thing people would do to guarantee their own
safety. This climate of fear affects freedom of expression online and we have to say that this has had
more effect than enforcing the laws.
If the military government really intended to
use these social and psychological measures to
threaten the people, it was a successful plan. It suppressed freedom of expression without enforcing
any laws or arresting any political dissidents, and
the NCPO did not have to waste any time on legal
processes.
THAILAND / 141