in part, or computer data which is false, in such a manner likely to cause injury to the public but not constituting a crime of defamation under the Penal Code; (2) bringing into a computer system computer data which is false, in such a manner likely to cause damage to the maintenance of national security, public safety, national economic security, or infrastructure for the common good of the Nation, or to cause panic amongst the public; (3) bringing into a computer system whatever computer data which constitutes a crime concerning security of the Kingdom or crime concerning terrorism under the Penal Code; (4) bringing into a computer system whatever computer data with vulgar characteristics, when such computer data is capable of being accessed by the general public; (5) publishing or forwarding computer data, with the knowledge that it is the computer data under (1), (2), (3), or (4). If the crime under paragraph 1 (1) is not committed against the public but it is committed against any particular person, the criminal or the person who publishes or forwards the computer data as said shall be liable to imprisonment for not more than three years, or a fine of not exceeding sixty thousand baht, or both, and the crime shall be compoundable.” Section 14(1): “False information” The statistics for the period July 2007 to December 201125 demonstrate that lawsuits under the CCA for which the Court of First Instance has already passed verdicts were mainly filed under Section 14(1). The offences most frequently found are defamation, fraud and offence against computer systems, respectively. Before the amendment in 2016, Section 14(1) was written as follows: Section 14. If any person commits any offence of the following acts shall be subject to imprisonment for not more than five years or a fine of not more than one hundred thousand baht or both: (1) that involves import to a computer system of forged computer data, either in whole or in part, or false computer data, in a manner that is likely to cause damage to that third party or the public. 25 iLaw. (n/d) The Research on the Impacts of the Computer-related Crimes Act B.E. 2550 (CCA) and State Policies on the Right to Freedom of Expression. https://ilaw.or.th/node/1798 The essential element of the offence under Section 14(1), in both the previous and the revised version, centres on “forged computer data or false computer data,” making it different from the common defamation laws. The initial objective of this section is to prevent and to suppress any fraudulent computer data practice such as creating a forged website to mislead internet users and induce them to reveal personal information, known as “phishing”. Section 14(1) is also aimed at filling a gaping hole in the offence of forgery of documents in the Penal Code. However, during the 10 years of its enforcement, it turns out that Section 14(1) has been the section of the CCA that is the most used and is commonly used together with defamation lawsuits to criminalise content online, leading to the question of whether this is legislatively in accordance with its aim or not. It can be estimated that more than 10,000 cases have been filed with the police or courts every year under Section 14(1). Most of them are cases of individuals who posted something online that the individual accusers did not agree with or did not like. Some of these are cases between parties with unequal status, in which the legal procedure was used in order to silence critics or public participation on social interest topics. Impacts of implementing Section 14(1) for defamation cases Duplicate legislation: Since the Penal Code has already covered the offence of defamation, and even if an imputation is made through the internet, it shall be regarded as a defamation offence by means of publication. The duplication could also lead to confusion in the interpretation and enforcement of laws, causing too many cases in the court procedure. Overly severe penalties: According to the CCA, offences under Section 14(1) are subject to imprisonment for up to five years and a fine of up to 100,000 baht (USD 2,800) or both. Meanwhile, in the Criminal Code, defamation offences are subject to imprisonment for up to one year and a fine of up to 20,000 baht (USD 560) or both, and for defamation by means of publication, the offender shall be punished with imprisonment for up to two years and a fine of up to 200,000 baht (USD 5,600). Therefore, when implementing Section 14(1) on the issue of defamation, the penalty will become intensely increased. Cannot be settled through compromise: Defamation cases often concern personal matters; hence, many cases are dismissed during the court process by reaching a compromise. A compromise reached by all parties can be compensation or making an apology. However, offences under Section 14(1) of the CCA 128 / Unshackling Expression