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.