of sending a defamatory email stating that a senior executive ordered him to stop participating in the Union’s activities. Later, a settlement between the parties was made, but although the accuser withdrew the defamation charge, the lawsuit under the CCA could not be withdrawn, which meant that Songkram had to deal with the remaining case. However, the case was dismissed by the court since it could not be proved whether the defendant was indeed the email sender. Case study 4: Doctor vs. patients’ rights activist29 Preeyanan, a patients’ rights activist who was the mother of a son with a disability caused by medical error during his birth, posted a message on her Facebook account about the unjustness of the Medical Council of Thailand and demanding a reformation. The Medical Council of Thailand saw the message as a false statement which damaged its reputation and filed the charges directly to the court under Computer Crimes Act Section 14(1) and defamation. The court has already conducted preliminary hearings and decided to accept the case for consideration. This case is still going on at Nontaburi Provincial Court. Case study 5. PTT oil company vs. critic30 In 2014, PTT Public Company Limited, the biggest state-owned petroleum production company in Thailand, filed a criminal defamation charge and a charge under section 14(1) of the CCA against Saran, an administrator of the Facebook page “Take Back Thai Energy”. The case is based on 21 Facebook posts accusing PTT of fraudulent practices, causing the rise of energy prices, hiring a third party to use violence against protesters, and interfering with the media. The Court of First Instance ruled that the information that the defendant posted on the Facebook page was false because the evidence brought by the plaintiff was more admissible than the defendant’s. The Court therefore sentenced him to 40 months in prison without suspension. Later the Court of Appeal suspended the prison 29 “Preeyanan: CCA case for criticizing Medical Council of Thailand”. Freedom of Expression Documentation Centre. https://freedom. ilaw.or.th/en/case/804 30 “PTT company vs Admin of ‘take back Thai energy’ FB page”. Freedom of Expression Documentation Centre. https://freedom. ilaw.or.th/en/case/777 penalty but ordered him to pay fine of 800,000 baht (around USD 24,000). The case is still under consideration by the Supreme Court. iLaw’s database has documented at least 52 cases under Section 14(1) of the CCA that are lawsuits against faithful criticisms, media agencies, social activists, human rights advocates or environmentalists. These cases can also be seen as strategic litigation against public participation (SLAPP). Sections 14(2) and 14(3): Information against national security Sections 14(2) and 14(3) of the Computer Crimes Act are usually not used alone to charge people. In the national security-related cases, the main offence is usually lèse majesté or sedition. People who express opinions online and are charged under offences against national security would be charged together with CCA Section 14(2) or 14(3) or sometimes both subsections. But when a case continues until the process of reaching a verdict, the court will punish the accused under lèse majesté or sedition as they are the same act and violate several provisions of the law under Section 90 of the Penal Code. However, the new Section 14(2) of the CCA has provided many broader elements of the offence, for example, “public safety”, “national economic security” and “infrastructure for the common good of the Nation”. These terms are open to broad interpretation and new ways of prosecution under this law. Case study 1: Eight Facebook administrators31 On 27 April 2016, police arrested Natthika Worathaiyawich, Harit Mahaton, Noppakao Kongsuwan, Worakit Sakamutnan, Yothin Mangkhangsangsa, Thanawat Buranasiri, Supachai Saibut and Kannasit Tangboonthina for authoring and disseminating satirical commentary on the Facebook page “We Love General Prayuth”. These eight suspects are also the creators and administrators of the page. They have been charged with violating Section 14(1), (2) and (3) of the Computer Crimes Act, in conjunction with Section 116 of the Thai Penal Code. The case is currently on trial at Bangkok Military Court. 31 “Eight Administrators of the Facebook page ‘We love General Prayuth’”. Freedom of Expression Documentation Centre. https:// freedom.ilaw.or.th/en/case/716 130 / Unshackling Expression