In late September 2022, Foreign Minister Don Pramudwinai announced Thailand's bid to be a member of the United Nation Human Rights Council (UNHRC) for the 2025 cycle. While this is a bold, welcome move, self-reflection is much needed.
The country can start by looking at how human rights are increasingly asserted or exercised at home; that is in the online, digital space. In other words, what is the current status of digital rights in Thailand?
In 2021, Freedom House's "Freedom on the Net" report put Thailand under the "not free" category for the 7th consecutive year with a score of 36 out of 100. Similarly, the Reporters without Borders' Press Freedom Index placed Thailand 137 out of 180 countries. Compared with previous years, there has been no progress in internet and media freedom, the key attributes of digital rights.
Why has Thailand performed poorly, one may ask. The answer lies in the consistent persecution and harassment of online users by state officials, using legal and non-legal measures.
According to Thai Lawyers for Human Rights (TLHR), from July 2020 to August 2022 at least 1,853 individuals were charged for exercising their freedom of expression. Among these were 283 people under 18.
The Computer Crime Act 2007 (CCA), and provisions against lèse-majesté (Article 112) offences and sedition (Article 116) under the country's Penal Code are the main legal instruments. The CCA, in particular, has been exploited by authorities to such an extent that it creates an atmosphere of fear and self-censorship, according to a report by EngageMedia and the Asia Centre.
At times, criminal defamation has also been invoked to silence online critics. The most notable case occurred in July 2021, when Prime Minister Gen Prayut Chan-o-cha sued Danupha Khanatheerakul, better known by her stage name "Milli", the Thai rapper and singer, for calling out government's mismanagement of the Covid-19 pandemic. She was fined 2,000 baht.
Meanwhile, non-legal measures such as online threats, disinformation and hate speech were used by government supporters to project fear and discredit their critics, human rights activists and key opposition members.
In particular, the military has operated a network of social media accounts that spread disinformation and hate speech, targeting academics, activists and ordinary online users. In 2021, Facebook took action to close more than 185 such accounts or groups.
On top of this, Pegasus spyware was employed by local authorities to track locations, calls and other sensitive information concerning government critics and political dissents. This kind of citizen surveillance violates their rights to privacy and further erodes already diminishing trust in public institutions.
Online space and digital rights in Thailand are, thus, characterised by a lack of protection of online users, limited access to critical online content and a permeating culture of self-censorship. People stop commenting or sharing information online for fear of being tracked, persecuted, or falling victim to doxing.
While the government should be applauded for moving in the right direction in enacting the Protection of Data Privacy Act (PDPA), as of June 2022 some articles of the law remain vaguely worded and exempt local authorities from any wrongdoing if actions are taken on behalf of national security.
For Thailand's UNHRC bid to be more promising, domestic legal reform needs to be made concurrently.
Ambiguous provisions in the CCA, the Penal Code and the PDPA must be revised to ensure their alignment with international human rights standards such as the International Covenant on Civil and Political Rights (ICCPR) and General Data Protection Regulation (GDPR).
Last but not least, an amendment to Section 3 (rights and freedoms of Thai citizens) in the constitution must be made to ensure the exercise of fundamental freedoms, as stated in the law, also encompass actions in online spaces and platforms.
The bid to secure membership in the UNHRC, if done correctly, will usher Thailand back to its rightful place as a respectable member of the international community.
Yawee Butrkrawee is a Digital Rights Project Manager at the EngageMedia, a not-for-profit organisation that promotes digital rights, open and secure technology, and documentaries on social issues.
