Curtailing Free Expression, Opinion and Information Online in Southeast Asia for the removal of independent oversight and accountability mechanisms where a “cyber threat” is deemed by those same authorities to be “critical” or “crisis” levels, and for the National Security Council – led by the military – to override provisions of the Act and implement measures under laws governing national security in a “crisis” level situation.528 The overarching policy governing the implementation of the Act – “national security” – is subject to wide discretionary interpretation by State authorities. Though the Act does state that measures can be imposed “only as necessary”, there are no guidelines to govern assessment.529 Meanwhile, governance and policy-making standards guiding the determination of what “national security” and what a “national emergency” entails rest squarely within the powers of the present-day government and military regime through the NCSC. Although courts can review orders in certain circumstances, the Act itself does not prescribe an independent body or mechanism with technical expertise to review or hear appeals against orders made by the NCSC.530 The composition of the NCSC currently includes independent experts from the technological or cybersecurity sector, who have technical expertise but whose powers to ensure that the NCSC exercises its executive power in compliance with human rights standards and law may be limited as they are all appointed by the military-led Cabinet. The coming into force of the Cybersecurity Act amidst recent measures to increase surveillance of the internet raises serious concerns that it may be abused to curtail online expression and information.531 In August 2019, the Minister of Digital Economy and Society announced the setting up of an “Anti-Fake News” center and website to combat disinformation, where “(p) eople can submit any news … suspicious of being unauthenticated, or that could incite fear and confusion to the public” which could then be “verified” by government officials “within two hours”.532 528 529 530 531 [Thai] Cybersecurity Act, section 67; See also Manushya Foundation 2019 report, p. 53. [Thai] Cybersecurity Act, sections 66, 68. Judicial review is permitted, for example, under sections 65, 66 and 69. Notably, the ICJ was informed through communications with its partners that in one case pertaining to lèse majesté – a case linked to the Thai Federation movement – the arrested person was asked to sign an agreement that they would not use lèse majesté language again, and that the agreement had referred to the power of authorities under the Cybersecurity Act to obtain information from electronic devices. 532 Associated Press, ‘Thailand to set up Center to Combat ‘Fake News’’, Khaosod English, 22 August 2019, Available at: http://www.khaosodenglish.com/news/crimecourtscalamity/2019/08/22/ thailand-to-set-up-center-to-combat-fake-news/; The legal basis used to set up the center is unclear. Notably NCPO Announcement No. 26/2557 had enabled the Minister of MDES to set up a ‘working group’ with powers to monitor, suspend and investigate content that may “incite, instigate and harbour violence, a lack of credibility and a lack of respect for the law, or which may be critical of the work of the NCPO”. See [Thai] NCPO Announcement No. 26/2557, Available at: https:// library2.parliament.go.th/giventake/content_ncpo/ncpo-annouce26-2557.pdf. This announcement 135