Translation:Act on Offences Relating to Computer, 2550 BE
Table of contents
Volume 124Issue 27A
Royal Gazette
18 June 2550
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Act
on Offences Relating to Computer,
2550 BE
Bhumibol Adulyadej R
Given on the 10th day of June 2550 BE
Being the 62nd year of the present reign
His Majesty King Maha Bhumibol Adulyadej is pleased to give a Great Royal Command that it be announced as follows:
Whereas it is appropriate to have a law on offences relating to computer;
Therefore, by and with the advice and consent of the National Legislative Assembly, He is graciously pleased to enact the following Act:
Section1.This Act is called the Act on Offences Relating to Computer, 2550 BE.
Section2.This Act shall enter into operation upon passage of thirty days from the day of its publication in the Royal Gazette onwards.
Section3.In this Act—
“computer system” refers to a device or set of devices of a computer which connects functions together, with an instruction, program, or any other thing and an operation guideline having been designated for the device or set of devices to enable it to automatically carry out the duty of data processing;
“computer data” refers to data, texts, instructions, programs, or any other things existing in a computer system in a condition which may be processed by the computer system, and shall also include electronic data under the law on electronic transactions;
“computer traffic data” refers to means data relating to the communication of a computer system, which indicates the origin, source, destination, route, time, date, size, duration, type of service, or others regarding the communication of such computer system;
“service provider” refers to—
(1)a person who provides to another person a service of accessing internet or enabling other forms of interpersonal communication through a computer system, whether the service is provided in his own name or in the name or interest of another person;
(2)a person who provides a service of storing computer data in the interest of another person;
“service recipient” refers to a person who uses a service provided by a service provider, whether with or without payment of service charge;
“competent officer” refers to a person who is appointed by the Minister to execute of this Act;
“Minister” refers to the Minister in charge of the implementation of this Act.
Section4.The Minister of Information and Communication Technology shall be in charge of the implementation of this Act and shall have the power to issue ministerial statutes for the execution of this Act.
Those ministerial statutes shall enter into operation upon publication in the Royal Gazette.
Section5.Whoever wrongfully accesses a computer system the access to which is prevented by a measure that is not intended for him shall be punished with imprisonment of not over six months, or a fine of not over ten thousand baht, or both the imprisonment and the fine.
Section6.Whoever learns a measure for prevention of access to a computer system and wrongfully discloses such measure in a manner likely to cause injury to another person shall be punished with imprisonment of not over one year, or a fine of not over twenty thousand baht, or both the imprisonment and the fine.
Section7.Whoever wrongfully access computer data the access to which is prevented by a specific measure that is not intended for him shall be punished with imprisonment of not over two years, or a fine of not over forty thousand baht, or both the imprisonment and the fine.
Section8.Whoever wrongfully commits any act to intercept by an electronic means another person’s computer data which is not intended for public interest or public use whilst the computer data is being sent through a computer system, shall be punished with imprisonment of not over three years, or a fine of not over sixty thousand baht, or both the imprisonment and the fine.
Section9.Whoever wrongfully damages, destroys, modifies, changes, or makes an addition to another person’s computer data, whether in whole or in part, shall be punished with imprisonment of not over five years, or a fine of not over one hundred thousand baht, or both the imprisonment and the fine.
Section10.Whoever wrongfully commits any act to cause the operation of another person’s computer system to be suspended, delayed, obstructed, or disrupted to the extent that it cannot operate in a peaceful manner, shall be punished with imprisonment of not over five years, or a fine of not over one hundred thousand baht, or both the imprisonment and the fine.
Section11.Whoever sends any computer data or electronic mail to another person by concealing or forging the origin thereof, thereby disrupting the peaceful use of a computer system by such other person, shall be punished with imprisonment of not over one hundred thousand baht.
Section12.If the offence under section 9 or 10—
(1)causes damage to the public, whether the damage occurs instantly or subsequently and whether its instances happen simultaneously or not, the punishment shall be imprisonment of not over ten years and a fine of not over two hundred thousand baht;
(2)is committed in a manner likely to damage any computer data or computer system relating to the maintenance of national security, public safety, national economic security, or public service, or is committed upon any computer data or computer system intended for public interest, the punishment shall be imprisonment from ten years to fifteen years and a fine from sixty thousand baht to three hundred thousand baht.
If the offence under (2) causes death to another person, the punishment shall be imprisonment from ten years to twenty years.
Section13.Whoever distributes or publishes a program created specifically for use as a tool for committing the offence under section 5, 6, 7, 8, 9, 10, or 11, shall be punished with imprisonment of not over one year, or a fine of not over twenty thousand baht, or both the imprisonment and the fine.
Section14.Whoever commits any of the criminal acts hereafter specified shall be punished with imprisonment of not over five years, or a fine of not over one hundred thousand baht, or both the imprisonment and the fine:
(1)bringing wholly or partly forged computer data or false computer data into a computer system in a manner likely to damage another person or the public;
(2)bringing false computer data into a computer system in a manner likely to damage national security or alarm the public;
(3)bringing any computer data which constitutes an offence relating to the security of the Kingdom or offence relating to terrorism according to the Criminal Code into a computer data;
(4)bringing any obscene computer data which the general public may access into a computer system;
(5)publishing or forwarding computer data with the knowledge that it is the computer data under (1), (2), (3), or (4).
Section15.Any service provider who wilfully aids or consents to the commission of the offence under section 14 in a computer system under his own control shall be punished in the same manner as the perpetrator of the offence under section 14.
Section16.Whoever brings into a computer system which the general public may access any computer data which shows another person’s picture created, edited, expanded, or modified by electronic means or any other means in a manner likely to cause such other person to suffer disrepute, insult, hate, or humiliation, shall be punished with imprisonment of not over three years, or a fine of not over sixty thousand baht, or both the imprisonment and the fine.
If the computer data under paragraph 1 is brought into the system in good faith, the doer is guiltless.
The offence under paragraph 1 is compoundable.
If the person damaged by the offence under paragraph 1 dies before lodging a complaint, his father, mother, spouse, or child may lodge a complaint and shall be considered to be the damaged party.
Section17.When anyone commits an offence under this Act outside the Kingdom and—
(1)he is a Thai person and the government of the country where the offence takes place or the damaged party requests his punishment; or
(2)he is an alien, the Thai Government or a Thai person is the damaged party, and the damaged party requests his punishment;
he must undergo his punishment within the Kingdom.
Section18.Subject to section 19, for the purpose of investigation and inquiry into an offence under this Act that is reasonably believed to have been committed, a competent officer shall have any of the following powers only when necessary for collection of evidence relating to the offence and discovery of the offender:
(1)to issue written queries or summonses to those who relate to the commission of the offence under this Act, requiring them to give statements, provide written explanations, or send documents, data, or any other evidence in a comprehensible form;
(2)to demand computer traffic data from those who provide services relating to communication via computer system or other relevant persons;
(3)to order service providers to deliver to the competent officer data relating to service recipients which must be stored in accordance with section 26 or which are under their possession or control;
(4)to copy computer data or computer traffic data from computer systems in which the offence under this Act is reasonably believed to have been committed, if those computer systems have not yet come into the possession of the competent officer;
(5)to order persons who possess or control computer data or devices used to store computer data to deliver the mentioned computer data or devices to the competent officer;
(6)to scrutinise or access computer systems, computer data, computer traffic data, or devices used to store computer data of any person which serve or may serve as evidence in relation to the offence or for inquiring about and discovering the offender, who may also be ordered to send relevant computer data or computer traffic data to the extent necessary;
(7)to decrypt computer data of any person or order those who relate to computer data decryption to carry out decryption or cooperate with the competent officer in carrying out such decryption;
(8)to seize or attach computer systems to the extent necessary for ascertaining the details of the offence and its perpetrator according to this Act.
Section19.In order for a competent officer to exercise the power under section 18 (4), (5), (6), (7), or (8), the competent officer shall file a motion with the competent court for an order permitting him to carry out the activity according to the motion. In this respect, the motion must also specify to the extent possible the reasons to believe that any person commits or is to commit any act which constitutes an offence under this Act, the grounds for the exercise of the power, the nature of the offence, the details of the devices used in committing the offence, and the person committing the offence. In considering the mentioned motion, the court must promptly carry out the consideration proceedings.
Once the court has given a permitting order, the competent officer shall, before executing the court order, deliver copies of the record of the grounds for the exercise of the power under section 18 (4), (5), (6), (7), or (8) to the owners or possessors of the computer systems as evidence. But if none of the owners or possessors of the computers is present, the competent officer shall deliver the copies to them as soon as possible.
The competent officer in charge of the activity under section 18 (4), (5), (6), (7), or (8) shall send a copy of the detailed record of what has been done and the grounds therefor to the competent court within forty-eight hours from the time the activity was started, in order that it shall serve as evidence.
Regarding the copying of computer data under section 18(4), it shall be done only when an offence under this Act is reasonably believed to have been committed and the copying must not immoderately obstruct the operation of the business of the owners or possessors of the computer data.
Regarding the seizure or attachment under section 18(8), not only is the competent officer required to deliver copies of the seizure or attachment certificate to the owners or possessors of the computer systems, but the competent officer is also prohibited from holding them in seizure or attachment longer than thirty days. In the event that it is necessary to seize or attach the computer systems longer than the mentioned period, a motion shall be filed with the competent court for extension of the seizure or attachment period. However, the court may not grant a single extension or several extensions lasting longer than sixty days in total. Upon cessation of the necessity to seize or attach the computer systems or upon completion of the mentioned time period, the competent officer must return the seized computer systems or revoke the attachment immediately.
The seizure or attachment certificate under paragraph 5 shall be in the form designated in a ministerial statute.
Section20.In the event that an offence under this Act is committed by circulation of computer data which may affect the security of the Kingdom as designated in Title 1 or 1/1 of Division 2 of the Criminal Code, or bears characteristics that are contrary to peace and order or good morals of the people, a competent officer may, upon approval from the Minister, file a motion and evidence with the competent court, requesting to order termination of such circulation.
In the event that the court orders termination of circulation of the computer data under paragraph 1, the competent officer shall carry such termination out himself or order a service provider to carry it out.
Section21.In the event that a competent officer finds that any computer data contains an unfavourable program, the competent officer may file a motion with the competent court for an order prohibiting its distribution or publication, directing its owner or possessor to suspend its use, destroy it, or modify it, or establishing conditions governing its use, possession, or publication.
The unfavourable program under paragraph 1 refers to a program which causes computer data, a computer system, or another program to be damaged, to be destroyed, to be altered, to be expanded, to fail, or to work not in line with an instruction given or in a different manner as designated in a ministerial statute, save where the program is intended for prevention or rectification of a program so described, subject to an announcement published in the Royal Gazette by the Minister.
Section22.No competent officer shall disclose or deliver computer data, computer traffic data, or service recipients’ data obtained in accordance with section 18 to any person.
The disposition of paragraph 1 shall not apply to the actions done for the purpose of prosecuting the perpetrator of an offence under this Act or for the purpose of prosecuting a competent officer with respect to wrongful exercise of a power or duty, or the actions done upon the order or permission of a court.
Any competent officer who contravenes paragraph 1 shall be punished with imprisonment of not over three years, or a fine of not over sixty thousand baht, or both the imprisonment and the fine.
Section23.Any competent officer who, by negligence, allows another person to learn computer data, computer traffic data, or service recipients’ data obtained in accordance with section 18, shall be punished with imprisonment of not over one year, or a fine of not over twenty thousand baht, or both the imprisonment and the fine.
Section24.Whoever learns computer data, computer traffic data, or service recipients’ data obtained by a competent officer in accordance with section 18 and discloses such data to any particular person shall be punished with imprisonment of not over two years, or a fine of not over forty thousand baht, or both the imprisonment and the fine.
Section25.Data, computer data, or computer traffic data obtained by a competent officer in accordance with this Act can be cited and admitted as evidence according to the provisions of the Criminal Procedure Code or other law governing the taking of evidence, but the data must not have been acquired by inducement, promise, threat, deceit, or other wrongful means.
Section26.A service provider must store computer traffic data for a period of not less than ninety days from the day the data enters a computer system. However, in the event of necessity, a competent officer may, for a special reason, order any service provider to store computer data specific to any person or situation for a period of more than ninety days but not than one year.
The service provider must, only to the extent necessary for identifying service recipients, store service recipients’ data from the start of the use of service, and must store the data for not less than ninety days from the end of the use of service.
The Minister shall publish in the Royal Gazette what types of service providers the dispositions of paragraph 1 will be applied to, as well as how and when they will be applied.
Any service provider who fails to observe this section shall be punished with a fine of not over five hundred thousand baht.
Section27.Whoever fails to observe an order given by a court or competent officer in accordance with section 18 or 20 or fails to observe an order given by a court in accordance with section 21 shall be punished with a fine of not over two hundred thousand baht together with a fine of not over five thousand baht per day until he correctly observes the order.
Section28.The Minister shall appoint competent officers under this Act from amongst the persons who have knowledge and expertise relating to computer systems and have the qualifications designated by the Minister.
Section29.In performing the duties under this Act, the competent officers shall become superior administrative or police officers under the Criminal Procedure Code, shall have the power to receive complaints or denunciations, and shall have the power to investigate and inquire into the offences under this Act only.
For arresting, holding in custody, searching, making inquiry files as to, and prosecuting offenders under this Act when it falls under the powers of a superior administrative or police officer or inquiry officer according to the Criminal Procedure Code, competent officers shall contact responsible inquiry officers to further proceed with the matters as per their powers and duties.
The Prime Minister, in his capacity as the supervisor of the Royal Thai Police, and the Minister, shall have the power to jointly establish regulations relating to guidelines and procedures for the activities under paragraph 2.
Section30.In performing their duties, the competent officers must produce their identification cards to relevant persons.
The identification cards of the competent officers shall be in the forms published in the Royal Gazette by the Minister.
Countersignature
General Surayud Chulanont
Prime Minister
Note: The grounds for promulgation of this Act are as follows: At present, computer systems have become an important part of humans’ business and lives. If any act is committed to prevent a computer system from working in line with an instruction given or to cause it to erroneously work against an instruction given, or any means is employed to wrongfully obtain knowledge about, modify, or destroy other persons’ data in a computer system or to publish through a computer system computer data with false or indecent characteristics, damage would ensue and affect the economy, society, and security of the State as well as peace and good morals of the people. Therefore, measures should be established for prevention and suppression of the described acts, making it necessary to enact this Act.
This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.
| Original: |
This work is in the public domain worldwide because it originated in Thailand and is a work under section 7(2) of Thailand's Copyright Act, 2537 BE (1994) (WIPO translation), which provides:
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| Translation: |
I, the copyright holder of this work, hereby release it into the public domain. This applies worldwide. In case this is not legally possible: I grant anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law.
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