Section 14. If any person commits any offence of the following acts shall be subject to imprisonment for not more than five years or a fine of not more than one hundred thousand baht or both:
(1) that involves import to a computer system of forged computer data, either in whole or in part, or false computer data, in a manner that is likely to cause damage to that third party or the public;
(2) that involves import to a computer system of false computer data in a manner that is likely to damage the country’s security or cause a public panic;
(3) that involves import to a computer system of any computer data related with an offence against the Kingdom’s security under the Criminal Code;
(4) that involves import to a computer system of any computer data of a pornographic nature that is publicly accessible;
(5) that involves the dissemination or forwarding of computer data already known to be computer data under (1) (2) (3) or (4);

Section 15. Any service provider intentionally supporting or consenting to an offence under Section 14 within a computer system under their control shall be subject to the same penalty as that imposed upon a person committing an offence under Section 14.

Section 16. Any person, who imports to a computer system that is publicly accessible, computer data where a third party’s picture appears either created, edited, added or adapted by electronic means or otherwise in a manner that is likely to impair that third party’s reputation or cause that third party to be isolated, disgusted or embarrassed, shall be subject to imprisonment for not longer than three years or a fine of not more than sixty thousand baht, or both.

If the commission under paragraph one is a trustworthy action the perpetrator is not guilty.

An offence under paragraph one shall be a compoundable offence.

If a party injured by an offence under paragraph one has died before filing a complaint, then their parents, spouse or children may file a complaint and shall be deemed to be the injured party.

Section 17. Any person committing an offence against this Act outside the Kingdom and;
(1) the offender is Thai and the government of the country where the offence has occurred or the injured party is required to be punished or;

(2) the offender is a non-citizen and the Thai government or Thai person who is an injured party or the injured party is required to be punished; shall be penalized within the Kingdom.

Chapter 2
Competent Officials

Section 18. Within the power of Section 19 and for the benefit of an investigation, if there is reasonable cause to believe that there is the perpetration of an offence under this Act, then a relevant competent official shall have any of the following authorities only as necessary to identify a person who has committed an offence in order to:

(1) issue an inquiry letter to any person related to the commission of an offence under this Act or summon them to give statements, forward written explanations or any other documents, data or evidence in an understandable form.
(2) call for computer traffic data related to communications from a service user via a computer system or from other relevant persons.
(3) instruct a service provider to deliver to a relevant competent official service usersrelated data that must be stored under Section 26 or that is in the possession or under the control of a service provider;
(4) copy computer data, computer traffic data from a computer system, in which there is a reasonable cause to believe that offences under this Act have been committed if that computer is not yet in the possession of the competent official;
(5) instruct a person who possesses or controls computer data or computer data storage equipment to deliver to the relevant competent official the computer data or the equipment pieces;
(6) inspect or access a computer system, computer data, computer traffic data or computer data storage equipment belonging to any person that is evidence of, or may be used as evidence related to, the commission of an offence or used in identifying a person who has committed an offence, and instruct that person to send the relevant computer data to all necessary extent as well;
(7) decode any person’s computer data or instruct any person related to the encryption of computer data to decode the computer data or cooperate with a relevant competent official in such decoding;
(8) seize or attach the suspect computer system for the purpose of obtaining details of an offence and the person who has committed an offence under this Act;

Section 19. The power of authority of the relevant competent official under Section 18 (4), (5), (6), (7) and (8), is given when that competent official files a petition to a court with jurisdiction for an instruction to allow the relevant competent official to take action.

However, the petition must identify a reasonable ground to believe that the offender is committing or going to commit an offence under the Act as well as the reason of requesting the authority, including the characteristics of the alleged offense, a description of the equipment used to commit the alleged offensive action and details of the offender, as much as this can be identified. The court should adjudicate urgently such aforementioned petition.

When the court approves permission, and before taking any action according to the court’s instruction, the relevant competent official shall submit a copy of the reasonable ground memorandum to show that an authorization under Section 18 (4), (5), (6), (7) and (8), must be employed against the owner or possessor of the computer system, as evidence thereof. If there is no owner of such computer thereby, the relevant competent official should submit a copy of said memorandum as soon as possible.

In order to take action under Section 18 (4), (5), (6), (7) and (8), the senior officer of the relevant competent official shall submit a copy of the memorandum about the description and rationale of the operation to a court with jurisdiction within forty eight (48) hours after the action has been taken as evidence thereof.

When copying computer data under Section 18 (4), and given that it may be done only when there is a reasonable ground to believe that there is an offence against the Act, such action must not excessively interfere or obstruct the business operation of the computer data’s owner or possessor.

Regarding seizure or attachment under Section 18 (8), a relevant competent official must issue a letter of seizure or attachment to the person who owns or possesses that computer system as evidence. This is provided, however, that the seizure or attachment shall not last longer than thirty days. If seizure or attachment requires a longer time period, a petition shall be filed at a court with jurisdiction for the extension of the seizure or attachment time period.

The court may allow only one or several time extensions, however altogether for no longer than sixty days. When that seizure or attachment is no longer necessary, or upon its expiry date, the competent official must immediately return the computer system that was seized or withdraw the attachment.

The letter of seizure or attachment under paragraph one shall be in accordance with a Ministerial Rule.

Section 20. If an offence under this Act is to disseminate computer data that might have an impact on the Kingdom’s security as stipulated in Division 2 type 1 or type 1/1 of the Criminal Code, or that it might be contradictory to the peace and concord or good morals of the people, the competent official appointed by the Minister may file a petition together with the evidence to a court with jurisdiction to restrain the dissemination of such computer data.

If the court gives an instruction to restrain the dissemination of computer data according to paragraph one, the relevant competent official shall conduct the restraint either by himself or instruct the Service Provider to restrain the dissemination of such computer data.

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This translation has been provided with the kind assistance of Chaninat & Leeds. Chaninat & Leeds practices both family and business law, including K1 visa Thailand.