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Thai Netizen Network request for clarification regarding the arrests of internet users (2009-11-10) |
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Tuesday, 10 November 2009 |
Dear friends,
We wish to share with you the following statement from the Thai
Netizen Network.
Asian Human Rights Commission
Hong Kong
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FOR IMMEDIATE RELEASE
AHRC-FST-080-2009
November 10, 2009
A Statement from the Thai Netizen Network forwarded by the Asian Human
Rights Commission
THAILAND: Thai Netizen Network request for clarification regarding the
arrests of internet users
9 November 2009
Pursuant to the following cases (bold items highlighted by Thai
Netizen Network)
1. On 13 October 2009, Department of Special Investigation (DSI)
brought Nat Sattayapornpisut, 27, who has been charged with lèse
majesté, to the Court to request initial detention. The request to
the Court revealed that DSI had earlier requested permission from the
court to access information in the e-mail account of one Emilio
Esteban, a 46 year-old Briton living in Spain, who has been publishing
contents deemed offensive to the throne on his weblog. Police
investigation revealed that during the period of 21-23 July 2009, Nat
e-mailed links to offensive 3 clips to Emilio, which were the same
clips that are published on his weblog. Subsequently, DSI requested
arrest warrant from the Criminal Court. (reference: ASTV Manager
newspaper, 15 October 2009 -
http://www.manager.co.th/Crime/ViewNews.aspx?NewsID=9520000122735
)
2. In late October and early November 2009, the police arrested 3
suspects with the charge of violating Clause 14 of the Computer Crime
Act, i.e. “bringing into the computer system such false computer
information as may damage national security or cause panic among the
populace.” The arrests were made after the spread of rumors in the
Stock Exchange of Thailand caused investor panic and the market to
plunge between 13-15 October 2009 (reference: Kom Chad Leuk newspaper,
3 November 2009 –
http://www.komchadluek.net/detail/20091103/35639/#' @*5H"B J0* 8
% 9I I- +2 8 +8I -5 .html
)
Thai Netizen Network is of the opinion that the authorities’ access
to Mr. Emilio’s e-mail in the first case, and the investigation and
prosecution process of suspects in the second, may be an abuse of
power and misuse of the Computer Crime Act in ways that violated the
right to privacy and freedom of communication, which are protected by
virtue of Clause 35 and 36 in the Constitution of Thailand.
In addition, the arrest of 3 suspects in the second case may be the
case of suppressing people’s rights and freedom of communication,
since the suspects may not know whether the rumor being disseminated
was true or false, and he or she may not have intended to harm
national security or cause panic. We believe that the only case which
may prove that the suspects willfully disseminated false rumors is if
they were part of a concerted share manipulation rings, which is a
criminal offense under the Securities Act.
Given the aforementioned situation, Thai Netizen Network has the
following requests to all relevant authorities:
1. We ask that the authorities disclose the means of accessing Mr.
Emilio’s e-mail account and the law that entitled the authorities to
do so, since this matter may have violated people’s right to privacy
and freedom to communicate;
2. We ask that the authorities disclose the approach they are using in
the investigation of share manipulation case, so as not to cause undue
panic among Internet users, and be mindful of the people’s rights to
expression and communication as guaranteed by the Constitution;
3. We ask that the authorities attempt to arrest the real culprits,
not information intermediaries or service providers, since prosecuting
intermediaries will result in numerous unwanted economic, social, and
cultural consequences. In addition, it will make the arrest of real
criminals ever more difficult and cumbersome to undertake, which will
further hurt public interest.
Lastly, we would like to call on all mass media and the public to
jointly monitor the government’s use of power, and to join us in
calling for the reform of Computer Crime Act, especially Clause 14
which is worded so vaguely that it can easily be abused for political
gain and suppressing people’s rights and freedoms. We also call for
the passage of the law to protect private information, to help public
officials and every party involved to distinguish between citizens who
merely exercise their right to free expression and criminals who used
computers to commit crimes, more correctly and clearly than ever.
With confidence in the right, freedom, and integrity of all citizens,
Thai Netizen Network
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For further information contact Thai Netizen Network by e-mail:
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
<mailto:freethainetizen@gmail.com>
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Last Updated ( Friday, 08 January 2010 )
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