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INDECENCY ON THE INTERNET AS
A CHALLENGE TO THAI LAW

By Alexander Shytov(1)

          There must be an active prosecution of those who spread indecent materials on the Internet from Thailand, and Thai government can employ international criminal mechanisms to request from other countries taking appropriate measures to suppress activities which harm Thailand. There are international obligations for all countries not to allow their territory to be used for doing harm to other countries. There are international laws (11) which any country can use to suppress pornography. What Thailand needs is a firm international policy directed to protect good morals and wellbeing of Thai nation.

CONCLUSION

          The pornography on the Internet poses a challenge before Thai criminal law. It is not enough to provide sanctions against the commercial distributors of pornography. Apart from penal function, Thai criminal law must increasingly rely on educative function of law. But to do that, they need lawyers which are able not only to punish, but also educate. Therefore, the challenge is more than in relation to Thai criminal law system. The challenge is before the whole system of Thai legal education. What in the end matters are not law students who know the sections of Penal Code, which will be changed anyway, what matters the most is to have lawyers of moral integrity, honesty and care for people.

          To protect the integrity of their law and culture from the attack of immorality on the Internet, Thai lawyers have no choice but to be actively engaged in the search of the universal standard of indecency which is based and corresponds to their cultural heritage. Thai law must rediscover and recover its national roots to be able to withstand in the troublesome age of information technology where old moral values are questioned. The goodness of those values needs to be rediscovered, and this rediscovery is possible only through facing the cultural and ethical diversity found in the world of the Internet. The Internet poses three options for Thai law. First, Thai lawyers as well as the whole nation will lose their cultural identity. Second, there will be a violent reaction against the whole culture of the Internet. Third, Thai people will preserve and enrich their culture through a dialogue with the rest of the world. There is no much need to speak for the preference of the third option.

          In the past, Thai lawyers were receivers. Today, Thai lawyers can give to the world, what the world need – the standard of what is decent and what is not. The West can hardly do it because it lost its ethical roots. Thai lawyers can find the standard of decency in the spirit of Buddha’s teaching, not as it has been diluted in a ritualistic religion, but as it has been expressed in the precept of loving-kindness – metta-garuna. This loving-kindness has the same meaning as agape - love in the teaching of Jesus Christ and jen - benevolence in the teaching of Confucius. This unity of metta-garuna, agape and jen gives contemporary lawyers a hope that there can be one universal moral principle appealing to the overwhelming majority of the Internet users, and enforceable by law in relation to the decency of communicated through the Internet materials. Much of the Internet nowadays is driven by greed and lust. The Internet is a battlefield for the minds of the users. The main challenge for the people of good will is to make the Internet a medium to promote the universal ethical values upon which the human civilization is based.

 
Index         Footnote
 


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