TLHR, iLaw sue MDES over new regulation on removing online content

Thai Lawyers for Human Rights (TLHR) and iLaw have filed an administrative lawsuit against the Ministry of Digital Economy and Society (MDES) over a new regulation that would allow officials to block online information they deem a threat to national security or that concerns the monarchy.

The new regulation, issued on 17 July, allows officials to suspend or remove online information that would pose a threat to national security, religion, the monarchy, or good morals and public peace and order if allowed to spread.

Among the type of content that can be removed, the regulation specifically lists content that defames or makes fun of the monarchy and members of the royal family, as well as content that can cause hatred or conflict. On 14 October, TLHR and iLaw filed the lawsuit with the Central Administrative Court calling for the repeal of these sections, as well as the definition of “urgent necessity.”

TLHR and iLaw argued that, as a member of the executive branch, the Minister of Digital Economic and Society is not legally authorized to issue the regulation. Under the Computer Crimes Act, the minister can issue regulations concerning procedures, but it should be the legislature that defines what constitutes an “urgent necessity” and what kind of content violates “public peace and order or good morals”. The regulation is therefore unlawful.

It was also issued without following the proper procedure as it does not appear to have been put up for a public hearing as required by law.

The content of the regulation overlaps with previous MDES regulations on warnings and removing computer data. The two organizations argue that the measures are excessive, since the authorities should not overly limit people’s freedom. It also uses many words with ambiguous meaning or which have not been clearly defined in other legislation. This includes the term “monarchy,” which has not been defined in the Constitution or other existing regulations and it is unclear whether the monarchy refers to the current monarch and members of the royal family or if it includes past monarchs and members as well as other individuals whose work relates to the monarchy such as Privy Councillors or those who work in the royal offices. This ambiguity may allow officials to interpret the regulation in a manner that widely limits rights and freedoms, which would affect freedom of expression, academic freedom, and press freedom.

• News

• Thai Lawyers for Human Rights (TLHR)
• iLaw
• Administrative Court
• online freedom
• Ministry of Digital Economy and Society (MDES)
• press freedom

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