Dear friends,
The Asian Human Rights Commission (AHRC) has received information that two websites were illegally blocked and charged under the Computer Crime Act while twenty nine sites face closure under the same legislation for allowing an open-forum discussion talking about the Thai monarchy.
CASE DETAILS:
According to media and other sources, two websites–Fah Diaw Kan and Prachatai–were illegally blocked at around 11pm of May 14 and around noon on May 15. Instead of the website contents internet users found the message: “the web site has been blocked by the request of the Communication authority. For more information, contact Ministry of Information and Communication Technology”. However, the Ministry has denied blocking the website and said that it was a technical error on the part of the Internet service provider, Telephone Organisation of Thailand (TOT) which the TOT has denied.
The two websites had earlier been charged under Article 116(2) of the Criminal Code for publishing discussions on the monarchy. (See further AHRC-UAC-097-2008)
However, before the two websites were blocked, Mr. Man Pattanotai, Minister of Information and Communication Technology told in his interview with “Khao Den Praden Ron” FM radio on 14 May 2008 that he first asked for cooperation from webhosting service provider but later issued an order to ban some websites publishing discussions on the monarchy. In the interview, he also said that he has been clearly authorized by the criminal laws but the reason he did not ban the websites by himself has been to seek a warrant from the court before banning. He further said that the former ICT Minister, Sitthichai Pokaiyaudom, once he was informed about this, would encourage folk who have had the knowledge to hack the websites. He assured that operators of internet services who have had knowledge in hacking would also help. The Minister also mentioned that he would not take legal action against those websites for fear of causing a scandal but that there was a policy to suppress the news. When asked about the two websites, he refused to say anything further.
Meanwhile, the Special Branch Police (SBP) has already initiated investigations against at least 20 websites on which were found any comments on the monarchy. The Department of Special Investigation (DSI) in cooperation with the SBP has been tracking down the website operators for about a month. On May 19, SBP Commissioner Pol Lt-Gen Rapipat Palawong said investigations into some websites have been completed and referred to a special committee set up by the royal police chief for further inquiry. Once the committee endorses the SBP’s findings, the cases will be sent to the Crime Suppression Division (CSD) for further action.
The websites and blogs that are to be banned for discussing on monarchy or human rights are;
1. http://www.youtube.com/StopleseMajeste
2. http://www.2519me.com/
3. http://hello-siam.blogspot.com
4. http://rukchard.blogspot.com
5. http://chakridynasty.googlepages.com
6. http://www.midnightuniv.org/
7. http://www.serichon.com/
8. http://www.prachatai.com/
9. http://sapaprachachon.blogspot.com/
10. http://s125.photobucket.com/albums/p73/nicolejung99/?
11. http://www.weloveudon.net/
12. http://www.tlt-global.com/
13. http://www.secondclass111.com/
14. http://thai-journalist-democratic-front.com/
15. http://www.sameskybooks.org/
16. http://www.newskythailand.com/
17. http://www.chupong.net/
18. http://pcc-thai.com/
19. http://datopido.newsit.es/
20. http://thai-journalist-democratic-front.com/
21. http://www.mvnews.net/
22. http://www.cptradio.com/
23. http://www.thaipeoplevoice.org/
24. http://www.nationsiam.com/frontpage/Itemid,1/
25. http://www.arayachon.org/
26. http://www.siamreview.net/
27. http://warotah.blogspot.com/
28. http://killerpress.wordpress.com/
29. http://gunner2007.wordpress.com/
Some blogs above have already been suspended. The name of the websites has been posted in a website owned by a member of a political party, the Democratic Party.
ADDITIONAL COMMENTS:
The Computer Crime Act BE 2550 was provided and signed by the military-appointed prime minister of Thailand on 10 June 2007. The act grants enormous powers to persons designated as ‘competent officials’ to obtain, search and copy computer data, and seize hardware. Other concerns still remain such as certainty and enforceability. (See further AHRC-AS-177-2007)
This act authorises Minister or the agency set up by the Computer Crime law to ban a website. However, before that, the authority has to prove that the information posted on the website breaches the law and get a warrant from a court.
This is not an isolated instance of suppressing the media in Thailand. There are a number of cases of banning and censoring the media in recent years following people’s increasing awareness regarding the cases of human rights violations due to media intervention. The censoring and banning website by the government has been threatening freedom of media.
The AHRC has previously issued urgent appeals on similar issues that might be read AHRC-UAC-097-2008; UP-046-2006; UP-024-2006; UA-112-2006.
SUGGESTED ACTION:
Please write letters to authorities listed below asking for the immediate withdrawal of the suppression of the media in the name of investigation.
The AHRC has also written a separate letter to the UN Special Rapporteur on freedom of expression calling for an intervention in this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
THAILAND: Two websites illegally blocked; twenty nine banned for discussion on monarchy
I am writing to raise my voice against the plan to ban several websites and blogs for publishing discussions on the monarchy.
According to the information that I have received, two websites, Fah Diaw Kan and Prachatai were illegally blocked by the Information and Communication Technology (ICT) from the night of May 14 to at noon of May 15 without a warrant from the court and no investigation has been conducted. From the information that I have learned, the Minister of Information and Communication Technology (ICT), Mr. Man Pattanotai said in his interview with radio programme on May 14, before they were blocked, that the office of ICT may use illegal methods to find out the owner of the websites and the government has a policy of suppressing the news by blocking the website.
I am also informed that the Special Branch Police (SBP) has already initiated investigations against at least 20 websites found any comments on monarchy and the Department of Special Investigation (DSI) in cooperation with the SBP has been tracking down the website operators for about a month.
This action is in direct contravention of the freedom of expression as set out in section 45 of the 2007 Constitution of Thailand and article 19 of the International Covenant on Civil and Political Rights (ICCPR), to which Thailand is a state party.
Therefore, I urge you to withdraw all charges against two websites and investigate the illegal block of two websites by the ICT according to the Computer Crime Act BE 2550 (2007). I also urge to draw back the policy of suppressing the news in the websites by blocking without a warrant from the court. I further call upon that the government must carefully use the law as set out in other relevant laws and punish those responsible for misusing the laws.
It is disappointing to hear that the minister of ICT made such a comment with referring to the former minister, ‘encourage folk who have the knowledge to hack the websites’ during the interview. It seems to appear that the authorities even breach the law in order to obtain evidence or to find out details. In this regard, I draw your attention to the fact that illegally obtained information cannot be brought before the court as evidence which set out under the Computer Crime Law. The basic principle of rule of law as set out in the Crime law and the Constitution of Thailand, is the presumption of innocence that the accused should be considered as innocent until the court finds the accused is guilty.
I trust that you will take care to recall these recommendations before proceeding with this unnecessary and deeply problematic action. I further urge that the existing civil defamation law is reviewed to bring it into line with international standards. Until these changes take place, the people of Thailand will not feel free to speak, broadcast or publish their comments without fear of prosecution.
Yours sincerely,
—————-
PLEASE SEND YOUR LETTERS TO:
1. Mr. Samak Sundaravej
Prime Minister
c/o Government House
Pitsanulok Road, Dusit District
Bangkok 10300
THAILAND
Fax: +66 2 282 8631 / 280 1589 / 629 8213
Tel: +66 2 280 1404 / 3000
E-mail: spokesman@thaigov.go.th
2. Mr. Sompong Amornwiwat
Minister of Justice
Office of the Ministry of Justice
Ministry of Justice Building
22nd Floor Software Park Building,
Chaeng Wattana Road
Pakkred, Nonthaburi 11120
THAILAND
Fax: +66 2 502 6699/ 6734 / 6884
Tel: +66 2 502 6776/ 8223
E-mail: om@moj.go.th
3. Mr. Chalerm Yoobumrung
Minister of Interior
Office of the Ministry of Interior
Atsadang Road, Ratchabophit
Pranakorn, Bangkok 10200
THAILAND
Fax: +66 2 226 4371 / 222 8866
Tel: +66 2 224 6320 / 6341
E-mail: om@moi.go.th
4. Mr. Noppadon Pattama
Minister of Foreign Affair
Office of the Minister of Foreign Affair
443 Sri Ayudhya Road
Ratchathevee, Bangkok 10400
THAILAND
Fax: +66 2 643 5318
Tel: +662 643 5333
5. Dr. Man Patthanotai
Minister of Information and Communication Technology
9th Bldg, TOT Company Ltd. (Public)
Chaeng Wattana Road
Lhaksi, Bangkok 10210
Tel: +66 2 505-7370
E-mail: pr@mict.go.th
6. Pol. Gen.Patcharavat Wongsuwan
Acting Commissioner-General
Royal Thai Police
1st Bldg, 7th Floor
Rama I Road, Patumwan
Bangkok 10330
THAILAND
Fax: +66 2 251 5956/ 205 3738/ 255 1975-8
E-mail: feedback@police.go.th
7. Mr. Chaikasem Nitisiri
Attorney General
Office of the Attorney General
Lukmuang Building
Nahuppei Road
Praboromrachawang, Pranakorn,
Bangkok 10200
THAILAND
Fax: +66 2 224 0162 / 1448/ 221 0858
Tel: +66 2 224 1563 / 222 8121-30
E-mail: ag@ago.go.th
8. Pol Lt-Gen Rapipat Palakawong
Special Branch Police Commissioner
Royal Thai Police
24th Bldg
Rama I Road, Patumwan
Bangkok 10330
THAILAND
Fax: + 66 2 254 1934
Tel: +66 2 254 1937, 2 254 1943
9. Prof. Saneh Chamarik
Chairperson
National Human Rights Commission of Thailand
422 Phya Thai Road
Pathumwan, Bangkok 10300
THAILAND
Fax: +66 2 219 2940
10. Mr. Homayoun Alizadeh
Regional Representative for Asia-Pacific of OHCHR
UNESCAP
UN Secretariat Building, 6th Fl., Room A-601
Rajdamnern Nok Ave.
Bangkok 10200,
THAILAND
Fax: +662 288 3009
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
