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Bangkok Post
Bangkok Post
Comment

Make big firms do more

The Thailand Consumers Council (TCC), a consumer watchdog, deserves a big round of applause for launching civil lawsuits against social media giants and commercial banks accused of allowing scammers to exploit local consumers.

It is the first time Thais have sued international mega-platforms such as Meta, Line, Apple and Google in a local civil court. In the lawsuit, the plaintiffs accuse these platforms of allowing fraudsters to use their services to lure 10 consumers into fraudulent investment schemes, resulting in losses of 230 million baht. Nine local banks are also being sued for allegedly allowing cybercriminals to use their banking services to siphon off illicit funds.

The lawsuit is comparable to the lopsided battle of David versus Goliath. Unlike the ancient tale, however, this civil action is unlikely to inflict serious wounds on these tech titans and major local banks.

The public and consumers, however, can still hope for a positive outcome. The court's verdict could provide legal precedent and guidance for policymakers, consumers and victims seeking stronger measures to combat online fraud.

Win or lose, the lawsuit will at least send a message to these deep-pocketed technology firms and financial institutions that they can no longer act as passive bystanders. They must implement tangible safeguards to prevent criminals and fraudsters from abusing their platforms and services. Most importantly, the case serves as a tap on the shoulder -- if not a slap in the face -- for the government.

It raises an important question: Why do civic groups and victims have to go to court in the first place? What has the government been doing to protect consumers?

The answer is simple: not enough.

Thai authorities have largely treated online fraud as a conventional criminal matter, requiring victims and clear evidence before law enforcement can pursue offenders. Such an approach is ill-suited to the elusive, borderless nature of cybercrime and has proved inadequate as both a deterrent and a remedy.

Thailand should follow the lead of countries that focus on prevention rather than merely punishment. Instead of waiting for crimes to occur, governments in the European Union, Australia and Singapore have prioritised creating a safer online environment. Their laws and policies place greater responsibility on social media platforms and financial institutions to protect consumers and hold them liable when they fail to prevent criminal activity.

In Thailand, the Ministry of Digital Economy and Society (DES) appears to take a back seat when dealing with powerful corporations. While DES has been active in cases involving online defamation and privacy violations, its response to other online harms has been far less robust. Look no further than the recent case of live-streamed sexual content on Facebook that clearly violated Thai law. DES Minister Chaichanok Chidchob merely complained and took no meaningful action.

Such a lukewarm and passive approach is not enough to make cyberspace safer. The government needs to be bolder and more proactive, just like the TCC and the 10 victims behind this lawsuit. This legal action is more than a dispute over compensation. It is a wake-up call for regulators and policymakers. The only hope is that the government will finally recognise the urgency of the problem -- or at least begin to feel the heat.

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