Editorial - 26 Dec 1997

A chilling idea for Internet law

The Thailand chapter of the international Internet Society is pushing a deficient, scary and unnecessary new law on the country. There is great danger that apathy may lead to passage of the most restrictive law on communications in Thailand's history, and in the current world. It is ironic that this comes immediately after passage of a people's constitution that specifies freedom of speech

The proposed new law on the Internet is deficient in many ways. it provides virtually no means of educating the public about the new electronic information age, for example. And it makes no mention at all of electronic security issues. This is particularly strange, since growth of the Internet depends largely on its commercial uses. There is ,in fact, a need for a comprehensive and thought-out law on use of the internet and similar electronic commerce

The Isoc-Thailand group has overstepped its own charter. The stated aims of the Internet Society Thailand are to educate both the public and experts about the Internet and electronic technology. Its charter specifically states that it is not a political organisation and will not engage in political activities. Clearly, trying to influence the government on Internet law is a wholly political task

The main advocate of this unneeded law is Srisakdi Charmonman, head of the society and Thailand's first PhD in any computer subject. Dr Srisakdi is a distinguished academic, administrator and head of a major internet provider, based at Assumption University. He has felt little need to explain his proposal to the public. That may change beginning today and on Jan 15, when there will be public hearings on his proposal

Whether Dr Srisakdi will realise his error and withdraw his proposal remains to be seen

The main problem with the draft Internet Promotion Act comes in two sections, articles 11 and 16. These articles start off badly with language that "prohibits the dissemination of information" on certain subjects. This phrase should be enough to send warning signals. But in this case, it gets worse. In an overbearing desire to micro-manage what people say, the law would make it illegal to discuss a wide range of subjects

As an example of just how ludicrous this proposed new law is, it would bar information on sex services. In other words, there could be no information about medical treatment of Aids and sexually transmitted diseases on the Internet. It would ban information that discredits government officials - such as, perhaps, information on how cabinet ministers have accumulated great wealth. And it bans any information at all that might lead to the disunity of the nation - the great catchall used by petty dictators throughout the world and in Thailand, from Pibulsongkran to the Suchinda regime

Isoc-Thailand also wants full control of the Net itself. Under the proposed new law, the government would have total control over who could run an Internet site. All Internet access would be licensed

Dr Srisakdi and the Internet Society should honourably withdraw their proposed bill completely. It cannot be rewritten and be useful. In the future, a law on electronic commerce, including encryption, may be necessary, and experts should be consulted

If Isoc-Thailand insists on pressing its ill-advised and unwanted restrictions, Minister of Transport and Communications Suthep Thueksubanmust make it clear he cannot accept the proposal. It is both unconstitutional and distasteful for Thais to accept such censorship at this point. The role of government is to enforce existing laws on pornography and let the Internet develop on its own