Commission of Computer-Related Offences Act, B.E. 2550 (2007)

                    The unofficial English version of the Commission of Computer-Related Offences Act, B.E. 2550 (2007) has been translated and published by the Office of the Council of State.

Click Here to View the Unofficial English Version

Commission of Computer-Related Offences Act (No.2), B.E. 2560 (2017)

                    The Commission of Computer-Related Offences Act, B.E. 2550 (2007) has been amended by the Commission of Computer-Related Offences Act (No.2), B.E. 2560 (2017). The unofficial English version of the Computer-Related Offences Act (No.2), B.E. 2560 (2017) has been translated and published by the Office of the Council of State.

Click Here to View the Unofficial English Version

Amendment Overview

                    Among other things, Section 20 of the Commission of Computer-Related Offences Act, B.E. 2550 (2007) has been repealed and replaced by Section 14 of the Computer-Related Offences Act (No.2), B.E. 2560 (2017).

                    “Section 20 In the case where there occurs the proliferation of the following computer data, the competent official, with the approval of the Minister, may file with the Court of competent jurisdiction a motion, accompanied by supporting evidence, for an order compelling the discontinuance of the proliferation of the computer data or the deletion thereof from a computer system:

                    (1) a computer data constituting an offense under this Act;

                    (2) a computer data likely to affect the security of the Kingdom as provided in Part II, Title I or Title I/I of the Penal Code;

                    (3) a computer data constituting a criminal offense under the law relating to intellectual property or other law, provided that such computer data is, by nature, against public order or good morals of the public and a request is made by the official under such law or the inquiry official under the Criminal Procedure Code.

                    In the case of the proliferation of a computer data which is, by nature, against public order or good morals of the public, the Minister, with the approval of the committee on computer data screening, may entrust the competent official to file with the Court of competent jurisdiction a motion, accompanied by supporting evidence, for an order compelling the discontinuance of the proliferation of the computer data or the deletion thereof from a computer system. In this regard, the provisions on tribunals with the powers to conduct administrative proceedings under the law on administrative procedures shall apply to a meeting of the committee on computer data screening mutatis mutandis.

                    The Minister shall appoint one or more committees on computer data screening under paragraph two. Each committee shall consist of nine members, three of whom must be from representatives of the private sector in the field of human rights, mass communication or information technology or other relevant fields, and members shall be entitled to remuneration in accordance with the rules prescribed by the Minister with the approval of the Ministry of Finance.

                    The Criminal Procedure Code shall apply to the proceedings of the Court under paragraph one and paragraph two mutatis mutandis. In the case where the Court issues an order compelling the discontinuance of the proliferation of computer data or the deletion thereof under paragraph one and paragraph two, the competent official may carry out the discontinuance of the proliferation of computer data or the deletion thereof by himself or may order service providers to do so, provided that the Minister shall, by Notification, prescribe the rules, a period of time and practice procedures for the discontinuance of the proliferation of computer data or the deletion thereof by the competent official or service providers with a view to assuring uniformity, having regard to changing technological development, unless otherwise ordered by the Court.

                    In the case of urgent necessity, the competent official may file a motion under paragraph one prior to the approval of the Minister, or the competent official with the approval of the committee on computer data screening may file a motion under paragraph two prior to the entrustment by the Minister, provided that it shall expeditiously be reported to the Minister.”

Disclaimer: This is an unofficial translation summarizing the main idea(s) of the amendment(s) provided for educational/comprehension purposes and contains no legal authority. The Central Intellectual Property and International Trade Court shall assume no responsibility for any liabilities arising from the use and/or reference of this text. The original Thai text as formally adopted and published shall in all events remain the sole authority having legal force.