Curtailing Free Expression, Opinion and Information Online in Southeast Asia
Thanathorn Juangroongruangkit for that reason.389
In October 2019, it was reported that Assoc. Prof. Kovit had apologized
to the court, and promised to clarify on Twitter that the cases were not
similar. The court thereafter did not pursue the case.390
In August 2019, independent academic and political writer Sarinee
Achavanuntakul was summoned by the Election Cases Division of the
Supreme Court for referring to the abovementioned issue in an article
she wrote titled ‘“Danger of Overwhelming Legalism (once again): the
case of media shareholding of lower house candidates’ that was published
online on the Bangkok Business Newspaper’s website in May 2019.391
In October 2019, the court dropped the case against her after she made
an apology.392
***
In recent years, new laws have been enacted to regulate information
online, control the spread of disinformation and hate speech online and
ensure cybersecurity to combat contemporary threats faced by States and
the individuals they are duty-bound to protect. These legislative efforts,
however, do not generally appear to have been undertaken in good faith by
governments in the region. The weaknesses of older laws have reappeared in
more contemporary laws, and the patterns of abuse in their implementation
have persisted.
Meanwhile a new generation of laws aiming to combat online
disinformation and ensure cybersecurity have been introduced across the region.
While it is too early to fully assess their implementation, the provisions on
their face reflect serious shortcomings, which are not dissimilar to limitations
that were evident in older laws covered in this paper. In effect, these more
contemporary laws have expanded the scope in practice for abuse of the
legal system to increase censorship of expression and information online.
***
389 Ibid.
390 Bangkok Business News, ‘Kovit free from tweeting contempt of court post’, 10 October 2019,
Available at: https://www.bangkokbiznews.com/news/detail/850433
391 TLHR, ‘The Election Cases Division of the Supreme Court Summons Ms. Sarinee for Contempt of
Court’, 6 September 2019, Available at: https://www.tlhr2014.com/?p=13620&lang=en; Bangkok
Post, ‘Courts act against media-shareholding critics’, 29 August 2019, Available at: https://www.
bangkokpost.com/thailand/politics/1739051/courts-act-against-media-shareholding-critics; The
article in Thai is available at: https://www.bangkokbiznews.com/blog/detail/648489
392 ICJ communication with partners.
105