Reference is made to the arrest of Ms. Chiranuch Premchaiporn, web director of the online newspaper Prachatai (http://http://www.prachatai.com/), by the police at approximately 2.30 pm on Friday March 6, 2009, after which the police interrogated her, copied the hard disk in her personal notebook computer, and charged her with violation of Sections 14(1), 14(3), 14(5), and (15) of the 2007 Computer Crime Act, which pertain to crimes which "involve import to a computer system of forged computer data, either in whole or in part, or false computer data, in a manner that is likely to cause damage to that third party or the public; that involves import to a computer system of any computer data related with an offence against the Kingdom's security under the Criminal Code; that involves the dissemination or forwarding of computer data already known to be computer data [which are illegal]" and "any service provider intentionally supporting or consenting to an offence ...within a computer system under their control shall be subject to the same penalty as that imposed upon a person committing an offence..."

Thai Netizen Network (TNN), Campaign for Popular Media Reform (CPMR), and Freedom Against Censorship Thailand (FACT) are of the opinion that despite the government's claim that this arrest was made in accordance with the law, it was in effect a case of the government using legally sanctioned powers to threaten and intimidate the freedom and rights of online news media. Prachatai is an online newspaper that works within the purview of journalism ethics, as a new medium that allows its readers to express their opinions. Prachatai's web director has been in full compliance with the Computer Crime Act with regards to keeping all Internet traffic records, exercising due diligence in erasing user-generated content that is of a sensitive nature, and has in the past fully cooperated and complied with state officials in erasing such content.

Since the content of all Internet media constantly changes by its very nature, the state must exercise flexibility and care in regulating online media which technologically differ from other traditional media. The state's officials should also use negotiation and reconciliation in their approach, not ones whose sole aim is to prosecute.

Further, the police's charge that Prachatai supports the posting of content that endangers national security is completely unfounded. To date, the police have not explained how such content will hamper national security, and the specific content that the police deems to violate Section 14 of Computer Crime Act in this case has been removed from the Prachatai website since November 4, 2008.

Contrary to the government's claims, the use of an aggressive measure in this case, i.e. making the arrest without prior notice on a Friday afternoon, a fact which made seeking bail for the accused more inconvenient and difficult than normal, reflects the intent to intensify the tension, worsen the ‘climate of fear', and further provoke deep distrust among members of the Thai society. Therefore, such a heavy-handed measure by the government will not help protect the so-called national security.

On January 13, 2009, TNN, CPMR, and FACT jointly submitted the proposal and protest against the government's anti-Internet "War Room" policy to the government. Our proposal and protest was personally received by Prime Minister Abhisit Vejjajiva, who agreed to set up a working team comprising members from the Internet user community, and relevant government agencies such as the ICT Ministry and the Police Department. This working team was to be formed to discuss and mutually agree upon principles by which the Computer Crime Act should be enforced, based on the respect of all rights and freedoms of the media and citizens in accordance with principles of universal human rights.

In reaction to the aforementioned arrest, TNN, CPMR, and FACT make the following demands of the government:

1.   That the government stop its current policy of intimidating Internet media, stop using any measures that amount to the declaration of war against Internet media, and instead switch to negotiation and seeking co-operation on the basis of respect for the citizens' rights and freedoms, and an understanding of the nature of the Internet as a new medium;

2.   That the government follow through on the Prime Minister's earlier verbal agreement to open a channel and create a mechanism to exchange ideas and opinions between the representatives of Internet media and all relevant government agencies, particularly the police and ICT Ministry, in order to foster mutually agreed understanding on the appropriate way to regulate online media and communities;

3.   That the government cease the perpetuation of its negative attitude towards online media, which will only lead to further prejudice, tension, and rifts in [Thai] society. In particular, we demand that the government cease accusing Prachatai of being "a lese majeste website," "a threat to national security website", "an anti-monarchy conspiracy" or "backed by influential politicians" etc., Such accusations are not only completely unfounded; they also reflect poorly upon the government at the helm of a democratic country, in ways that harm its attempt to build public confidence, both in Thailand and abroad.

We would like to extend our goodwill to the government and all relevant agencies, and offer our willingness to cooperate fully with regards to creative regulation of online media, on the basis of trying to strike a balance between regulation and protecting the citizens' basic rights and freedoms which the government has a direct duty to uphold.

Lastly, we would like to call upon all branches of the media as well as the general public to appeal to the Thai government that it use diplomacy instead of blunt prosecution in order to find a creative solution to the situation instead of using threats and intimidation as in the past, which never truly achieved the government's objectives. 

With confidence in the rights, freedoms and integrity of all citizens.

Thai Netizen Network

Campaign for Popular Media Reform (CPMR)

Freedom Against Censorship Thailand (FACT)

8 March 2009