You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

August 26, 2011

Clouds Looming Over New Computer Crimes Act

Bangkok Post, Corporate Counsellor Column

The proposed new Computer Crimes Act, which will supersede the 2007 Computer Crimes Act, has been introduced in an attempt to fill loopholes in the current legislation.

The new draft is aimed at those who perpetrate offenses and who have previously evaded liability. But there are concerns over whether the new law would be overly zealous in handing out harsh punishment to all offending parties, regardless of the severity of the crime involved.

Although the draft Act has similarities to the current Computer Crimes Act, there are new key sections that have been introduced, including definitions for “system administrator” and “Board” under Section 4. There have also been important additions to Sections 16 and 25 of the law, which detail offenses relating to any person who is found to be copying another person’s computer data and the penalties for possessing child pornography.

Section 16 of the draft has caused particular concern among the media, service providers, webmasters, companies, and even students, university professors, and other users because it stipulates that “copying” another person’s computer data will now be deemed a criminal offense.

This article analyzes Section 16 and highlights the possible repercussions of the proposed additions.

Section 16 of the draft provides that “any person who copies another person’s computer data illegally, in a manner that is likely to cause damage to such other person, shall be punished with imprisonment of not more than three years, or a fine not more than 50,000 baht, or both”.

The definition of “computer data” refers to data, statements, or sets of instructions (including electronic data) that are contained in a computer system, the output of which may be processed by a computer system, according to the Law of Electronic Transactions.

But the draft does not provide a definition for “copying”. As a result, “copying” could be interpreted to mean copying data, materials, or downloading a file from the internet, regardless of whether such material is copyrighted. Even accessing the internet and having temporary storage caches in a computer without consent could be deemed an offense. Such copying offenses will carry a maximum penalty of three years’ imprisonment.

The provision of Section 16 in regard to “illegally copying another person’s computer data, in a manner that is likely to cause damage to another person” is relatively broad in terms of its interpretation of the scope of an act that is “likely to cause damage”.

Copying or downloading text materials or images from the internet would seem to be a common everyday occurrence. Under the Thai Copyright Act, if materials or images are copyrighted, any copying or downloading of such materials or images from the internet will be regarded as reproduction, which requires permission from the copyright owner. Otherwise, it will be regarded as an infringement of the exclusive rights of the copyright owner.

But the Thai Copyright Act acknowledges certain exceptions, including the fair use exception for infringements such as “research or study of the work, which is not for profit” or “reproduction, adaption, exhibition, or making available such materials by a teacher for teaching purposes, when not done for profit”. The fair use exception can be applied provided that:

  1. Such use of the copyrighted work does not conflict with normal exploitation of such work by the copyright holder; and
  2. 2. It does not unreasonably prejudice the legitimate interests of the copyright holder.

The definition of a “system administrator” in the draft Act refers to a person “who has the right to access computer systems which provide services to permit others to access the internet, or to enable parties to connect by means of a computer system, regardless of whether this administration is for his or her own benefit or for the benefit of other persons.”

Internet service providers usually set up their automatic backup proxy servers when providing internet services to users. When accessing web browsers, the servers or computers will temporarily store information to allow quicker access to the internet. By having the information stored temporarily in such caches, the system administrator can unknowingly cause damage to other persons, and thus could face liability under Section 16, even without intending to use or knowing that the information is stored in the caches. The system administrator that is responsible for the computer system would face half the penalty under Section 16, which is an imprisonment term of 18 months, a fine of 25,000 baht, or both.

Under the provisions of Section 16 and the definition of “system administrator”, any user, internet service provider, or system administrator who has previously enjoyed copyright exemption could now be held liable under the new proposed draft.

It is likely that Section 16 will require further clarification before its promulgation, particularly the definition of the term “copying“ and the scope of actions that will be specifically deemed an offense under the new Computer Crimes Act.

RELATED INSIGHTS​ 

July 14, 2026
Thailand’s National Broadcasting and Telecommunications Commission (NBTC) has published guidelines establishing a risk-based framework for the responsible use of artificial intelligence by telecom licensees. Released on July 2, 2026, the Guidelines on the Use of Artificial Intelligence for Telecommunications Services address governance structures, ethical principles, lifecycle management, and consumer protection obligations. Scope and Legal Context The nonbinding guidelines apply to holders of telecom business licenses under Thailand’s telecom licensing laws, but only with respect to the use of AI in providing licensed telecom services. Entities without such licenses are not directly subject to the guidelines, though they may be affected as third-party AI solution providers to licensees. The guidelines supplement and should be read alongside existing laws, including the Cybersecurity Act, the Personal Data Protection Act (PDPA), the Computer Crime Act, and the NBTC Notification regarding Measures to Protect Telecommunications Service Users’ Rights Regarding Personal Data, Privacy Rights, and Freedom of Telecommunications, as well as forthcoming AI governance legislation being drafted by the ETDA. AI Governance Structure Licensees are expected to establish committees, working groups, or designated officers at both policy and operational levels to set strategic direction for AI use, formulate governance policies and tools, and oversee risk management. Roles, responsibilities, and accountability should be clearly defined for all personnel across every stage of the AI lifecycle—including for third-party AI solution providers and outsourced service providers, whose obligations should be explicitly documented in service agreements. Core Principles The guidelines identify six core principles that licensees should adhere to when deploying AI: Compliance with laws, ethics, and international standards: AI should respect privacy, dignity, and human rights, and content filtering for inputs and outputs should be considered. For example, the AI should not be designed and developed to be used in generating false information, supporting illegal activities, or causing
July 10, 2026
Vietnam has taken a significant step in regulating its e-commerce sector with the issuance of a new decree guiding the country’s recently enacted Law on E-Commerce. Decree No. 248/2026/ND-CP, issued on June 30, 2026, and taking effect the following day, addresses mandatory platform policies, registration requirements for offshore platforms, additional obligations on platform operators, and market access conditions for foreign investors. Mandatory Policy Contents The decree sets out detailed guidance on the required contents of various platform policies, covering pricing, payment, display priority, livestream sales, delivery, returns, method of service provision, and service termination and refunds. Clarification of Obligations for Platform Operators The decree provides clarification of the obligations applicable to platform operators. Notably, intermediary e-commerce platform operators with online ordering functions must: Collect specific information to implement electronic identity verification of sellers; Cooperate with regulators by reporting online through the state e-commerce management system and by blocking, suspending, or removing content upon request of a competent authority; Maintain a mechanism to store contract data, including price, product or service information, and parties’ information, for at least three years from the date of contract conclusion; and If qualifying as a “large digital platform” under consumer protection law, maintain an online system for receiving and handling complaints and requests, and comply with enhanced content-removal requirements. Registration Requirements for Offshore Platforms Offshore e-commerce platforms, whether direct-sales, intermediary, social-network-based, or integrated, that conduct e-commerce activity in Vietnam must register with the Ministry of Industry and Trade if the platform: Allows Vietnamese-language selection; Uses a “.vn” domain; or Reaches 100,000 or more transactions with Vietnam-based buyers within a calendar year. Notably, the registration requirement now captures not only traditional intermediary platforms, but also direct-sales platforms. Foreign Investment Conditions Foreign investors holding a controlling interest in an intermediary e-commerce platform, a social media platform
July 8, 2026
On July 7, 2026, the Trade Competition Commission of Thailand (TCCT) issued a press release announcing the establishment of two new subcommittees designed to intensify oversight of digital platforms and modern trade businesses. The formation of the digital platform subcommittee marks a significant escalation in competition enforcement following the TCCT’s Guidelines on Multi-Sided Platforms and E-Commerce Businesses, which took effect on March 25, 2026. Platform operators, sellers, and related service providers should expect heightened regulatory scrutiny and potential investigations into practices already flagged under the March guidelines. Two Dedicated Enforcement Bodies The first new body is the digital platform subcommittee—formally the Subcommittee on Supervision, Monitoring, and Prevention of Trade Conduct in Digital Platform Business. It is tasked with driving intensive oversight of digital platform businesses. It will coordinate with government agencies, the private sector, business operators, and other relevant stakeholders to supervise and prevent trade conduct that may affect competition, and to promote free and fair competition in the digital platform sector. The subcommittee will be composed of TCCT members and representatives from the Department of Internal Trade. The second body—the Subcommittee on Determining Guidelines and Action Plans Concerning Competition Conditions in Modern Wholesale and Retail Business—will study, analyze, and monitor market structure in modern wholesale and retail businesses, compile databases to analyze retail business concentration, assess impacts on small-scale operators, and propose supervisory measures for the retail sector. TCCT members will serve on the subcommittee alongside experts from government and private organizations, including the Office of Industrial Economics, the Office of Small and Medium Enterprises Promotion, the Thai SME Federation, and the Thai SME Council. Operational Impact for Industry Participants These subcommittees provide the TCCT with a focused mechanism to investigate various trade practices deemed unfair, and the TCCT has authority under the Trade Competition Act to issue cease-and-desist
July 6, 2026
Vietnam has introduced an official list of high-risk AI systems, triggering more stringent compliance obligations for developers, suppliers, and deployers operating in the country. On June 30, 2026, the prime minister issued Decision No. 33/2026/QD-TTg (Decision 33), which establishes the List of High-Risk AI Systems under the Law on Artificial Intelligence (AI Law) and Decree No. 142/2026/ND-CP (Decree 142). Decision 33 takes effect on August 15, 2026. Decision 33 is significant because only AI systems included on the list will be subject to the heightened compliance obligations applicable to high-risk AI systems under the AI Law and Decree 142. These include, among others, local presence requirements for foreign providers, mandatory conformity assessment before deployment, comprehensive risk management and data quality documentation, and strict liability for damages even when the provider is fully compliant. Decision 33 also specifies the applicable conformity assessment pathway for each listed system, indicating whether the system must undergo mandatory third-party conformity certification before being placed into use, or whether the provider may self-assess conformity or voluntarily engage a registered or recognized conformity assessment body. Which AI Systems Are Covered? Decision 33 identifies high-risk AI systems across six sectors—the key attributes of which are summarized below. Education: AI systems used for automated assessment, learner ranking, behavioral monitoring, or generating educational content from uncontrolled data sources. Ethnic affairs and religion: AI systems used to automatically score, classify, or rank applications for government ethnic policies; approve or reject regulatory applications; suspend benefits on suspicion of fraud; allocate budgets; or infer and classify individuals by ethnicity or religion for administrative purposes. Healthcare: AI-assisted surgical systems and autonomous AI-powered surgical robots. Banking: AI systems that autonomously conduct electronic banking transactions or make credit approval decisions. Judicial proceedings: Certain large-scale biometric identification systems used in public-interest civil proceedings. Transport: Thirty-one categories