CYBER CRIME AND LAWS IN DIGITAL AGE

CYBERCRIME
 CYBERCRIME
Cybercrime is an act that violates the law, which is perpetrated
using information and communication technology (ICT) to either
target networks, systems, data, websites and/or technology or
facilitate a crime (e.g., Goodman, and Brenner, 2002; Wall,
2007; Wilson, 2008; ITU, 2012; Maras, 2014; Maras, 2016).
Cybercrime differs from traditional crime in that it "knows no
physical or geographic boundaries" and can be conducted with
less effort, greater ease, and at greater speed than traditional
crime (although this depends on the type of cybercrime and type
of crime it is being compared to) (Maras, 2014; for information
about different types of cybercrime).
Example of cybercrime: disrespect for authority, insults,
defamation of the head of state, and obscenity or pornographic
material
Those aforementioned crimes may unduly restrict the exercise of
certain human rights and Cybercrime law.
 Contents
Laws in Digital Age in Thailand

- ACT ON COMMISSION OF OFFENCES RELATING TO COMPUTER, B.E. 2550 (2007)

- COMMISSION OF COMPUTER-RELATED OFFENCES ACT (NO.2), B.E.2560(2017)

ACT ON COMMISSION OF OFFENCES RELATING TO COMPUTER, B.E. 2550 (2007)

Section 5.
Access to computer system
Whoever wrongfully accesses any Computer System having specific security measure
and such measure is not for his or her use shall be liable to imprisonment for a term of
not exceeding six months or to a fine of not exceeding ten thousand baht or to both.

Example: - use another person’s username or password to login other person’s

account.
- hacking or cracking another person’s computer system
- computer trespassing
ACT ON COMMISSION OF OFFENCES
RELATING TO COMPUTER, B.E. 2550 (2007)
COMPONENTS OF SECTION 5.

1. A person
2. wrongfully accesses (without right)
Computer System means computer device or set of
computer devices that are connected and co-operated with
another whereby command, program or else, and work
process for automatic data processing thereof has been set
up
3. liable

Punishment: imprisonment or a fine or both.

ACT ON Disclosure of security measure
COMMISSION
OF OFFENCES
RELATING TO
COMPUTER,
B.E. 2550 Whoever knows of security measure specially
(2007) prepared by other persons and wrongfully discloses
that measure in a manner that is likely to cause
SECTION 6 damage to any other person shall be liable to
imprisonment for a term of not exceeding one year or
to a fine of not exceeding twenty thousand baht or to
both.
ACT ON COMMISSION OF OFFENCES
RELATING TO COMPUTER, B.E. 2550 (2007)
COMPONENTS OF SECTION 6

1. A person
2. knows of security measure e.g. username or
password of another person
3. wrongfully discloses that measure (even
though the third person did not use such
measure)
4. cause damage to any other person
5. Liable
Punishment: imprisonment or a fine or both.
ACT ON
COMMISSION Access to computer data
OF OFFENCES
RELATING TO
COMPUTER,
B.E. 2550 Whoever wrongfully accesses any
Computer Data that having specific security
measure and such security measure is not
(2007) for his or her use shall be liable to
imprisonment for a term of not exceeding

SECTION 7 two years or to a fine of not exceeding

forty thousand baht or to both.
 ACT ON COMMISSION OF OFFENCES
RELATING TO COMPUTER, B.E. 2550 (2007)
COMPONENTS OF SECTION 7
1. A person
2. wrongfully accesses
3. Computer Data means data, text, command, program or else
stored in computer system and being able to be processed by
computer system, including electronic data under the law on
electronic transactions;
4. liable
Punishment: imprisonment or a fine or both.
Note: Information recorded in the CDs or Disk is not regarded as
computer data but if it is played in the computer, then it is
regarded as a computer data.
ACT ON COMMISSION OF OFFENCES RELATING TO
COMPUTER, B.E. 2550 (2007)
SECTION 8

Intercept any transmitting Computer Data

Whoever acts wrongfully by using of any electronic mean so as to intercept any

transmitting Computer Data of any other person in Computer System and such
Computer Data is not available for public interest or for public use shall be
liable to imprisonment for a term of not exceeding three years or to a fine of
not exceeding sixty thousand baht or to both.
ACT ON COMMISSION OF OFFENCES RELATING TO
COMPUTER, B.E. 2550 (2007)
COMPONENTS OF SECTION 8
1. A person
2. wrongfully intercept
3. any transmitting Computer Data
4. Liable
Punishment: imprisonment or a fine or both.
Intercept by technical means in order to listen, monitor, or surveillant
information that is being communicated between persons
This section tried to protect the right of privacy of data communication.
ACT ON COMMISSION OF
OFFENCES RELATING TO
COMPUTER, B.E. 2550 (2007)
SECTION 9
Damaging, destroying, revising,
modifying or adding Computer Data

Whoever wrongfully causes damage,

destroys, revises, modifies or adds, wholly
or partly, to Computer Data of any other
person shall be liable to imprisonment for
a term of not exceeding five years or to a
fine of not exceeding one hundred
thousand baht or to both.
ACT ON COMMISSION OF OFFENCES RELATING TO
COMPUTER, B.E. 2550 (2007)
COMPONENTS OF SECTION 9
1. A person
2. wrongfully causes damage, destroys, revises,
modifies or adds
3. wholly or partly of Computer Data of any other
person
4. Liable
Consequence: imprisonment or a fine or both.
Example: Installing programme containing virus or
trojan horse into the system to steal password of
another person in order to damage, destroy, revise,
modify or add data computer.
ACT ON COMMISSION OF OFFENCES RELATING
TO COMPUTER, B.E. 2550 (2007)
SECTION 10
Blocking, deferring, obstructing or interfering Computer
System
Whoever acts wrongfully by blocking, deferring, obstructing or
interfering Computer System of any other person till it fails to
perform its function normally shall be liable to imprisonment for a
term of not exceeding five years or to a fine of not exceeding
one hundred thousand baht or to both.
 ACT ON COMMISSION OF OFFENCES RELATING TO
COMPUTER, B.E. 2550 (2007)
COMPONENTS OF SECTION 10
1. A person
2. wrongfully blocking, deferring, obstructing or interfering Computer System
3. of any other person
4. Computer system fails
5. Liable
Punishment: imprisonment or a fine or both.
Example: Installing virus or trojan horse causing computer system to slow down or
Malfunction.
If this is done by someone who has an authority e.g. owner, operator etc. , it will not
infringe This section.
ACT ON COMMISSION OF OFFENCES RELATING TO
COMPUTER, B.E. 2550 (2007)
SECTION 11
Sending Computer Data or electronic mail to others by concealing or counterfeiting its origin

Whoever sends Computer Data or electronic mail to any other person by concealing or counterfeiting its origin which interfere s normal
utilisation of Computer System of such person shall be liable to a fine of not exceeding one hundred thousand baht.

Any person who transmits to another person a computer data or an electronic mail in a manner causing annoyance to the recipie nt
thereof without providing the recipient with an opportunity to discontinue or indicate an intention to refuse acceptance thereof at ease
shall be liable to a fine not exceeding two hundred thousand Baht.

The Minister shall issue a Notification prescribing the nature and method of transmission as well as the nature and the amount of
computer data or electronic mails which do not cause annoyance to recipients and the manner in which discontinuance of acceptance or
an indication of an intention to refuse acceptance at ease can be made.”
 ACT ON COMMISSION OF OFFENCES
RELATING TO COMPUTER, B.E. 2550 (2007)
COMPONENTS OF SECTION 11

1. A person
2. send Computer Data or electronic mail to any other person
3. by concealing or counterfeiting its origin (concealing or counterfeiting an
IP address)
4. interferes normal utilisation of Computer System of such person
5. Liable
Punishment: -a fine
Example: Spamming (send the same message indiscriminately to large
numbers of recipients on the internet) for the purpose of commercial
advertising, non-commercial proselytizing, or for any prohibited purpose
(especially the fraudulent purpose of phishing).
ACT ON COMMISSION OF OFFENCES RELATING TO
COMPUTER, B.E. 2550 (2007)
SECTION 14
Any person who commits any of the following offences
shall be liable for imprisonment or to a fine or to both:
(1) dishonestly or by deceit, bringing into a computer
system a computer data which is distorted or fake,
whether in whole or in part, or a computer data which
is false, in a manner likely to cause loss to the public,
where it is not the commission of an offence of
defamation under the Penal Code;
(2) bringing into a computer system a computer data
which is false in a manner likely to cause loss to the
maintenance of national security, public security,
national economic security or an infrastructure involving
national public interest or in a manner causing public
anxiety;
ACT ON COMMISSION OF OFFENCES RELATING
TO COMPUTER, B.E. 2550 (2007)
SECTION 14 (CON.)
(3) bringing into a computer system any computer data which constitutes an
offence relating to security of the Kingdom or an offence relating to terrorism
under the Penal Code;
(4) bringing into a computer system any computer data of a pornographic
nature, provided that such computer data is accessible by the general public;
(5) disseminating or forwarding a computer data with the knowledge that it is
a computer data under (1), (2), (3) or (4).

If the offence under paragraph one (1) is not committed against the public but
is committed against any particular person, the perpetrator, the disseminator
or the forwarder of the such computer data shall be liable for imprisonment
for a term not exceeding three years or to a fine no
 ACT ON COMMISSION OF OFFENCES RELATING TO
COMPUTER, B.E. 2550 (2007)
SECTION 16
creation, editing, adding or modifying pictures of another person
Any person who brings into a computer system accessible by the public a computer data which appears to be a photograph of ano ther
person, where such photograph has been created, edited, supplemented or modified by an electronic means or any other means, i n a manner
likely to cause that other person to be defamed, insulted, hated or embarrassed shall be liable for imprisonment for a term n ot exceeding
three years and to a fine not exceeding two hundred thousand Baht.
If the act under paragraph one is committed against a photograph of the deceased and such act is likely to cause the deceased’s parent,
spouse or child to be defamed, insulted, hated or embarrassed, the perpetrator shall be liable to the same penalty as that pr ovided in
paragraph one.
If the act under paragraph or paragraph two subsists in the bringing into a computer system in good faith, which constitutes a fair comment
on any person or matter which is ordinarily made by a member of the public, the perpetrator shall not be guilty.

The offences under paragraph one and paragraph two are compoundable offences.
If the injured person for the offence under paragraph one or paragraph two dies before making a complaint, the parent, spouse or child of
the injured person shall be entitled to make a complaint and shall be deemed to be the injured person.”
 ACT ON COMMISSION OF OFFENCES
RELATING TO COMPUTER, B.E. 2550 (2007)
COMPONENT OF SECTION 16

1. A person

2. brings a photograph of another person into a computer system accessible by

the public
3. such photograph has been created, edited, supplemented or modified by an
electronic means or any other means,
4. cause that other person to be defamed, insulted, hated or embarrassed
5. liable
Punishment: imprisonment or a fine or both.

Example: sending edited photo of other people

 ACT ON COMMISSION OF OFFENCES
RELATING TO COMPUTER, B.E. 2550 (2007)
SECTION 17

Whoever commits the offences under this Act outside the

Kingdom and:
(1) the offender is Thai and the government of the country
where the offence has occurred or the injured person has
requested for punishment; or
(2) the offender is an alien and the Royal Thai Government or
Thai person is an injured person and the injured person has
requested for punishment; shall be punished within the
Kingdom.
WE ARE DONE FOR TODAY!!!!!!