Computer Crimes Act

Computer Crime Act B.E. 2550 (2007)

His Majesty King Bhumibol Adulyadej Enacted on the 10th Day of June B.E. 2550 (2007),

Being the 62nd Year of the Present Reign Preamble

By the Royal Command of His Majesty King Bhumibol Adulyadej, it is deemed appropriate to enact legislation governing offences related to the use of computers and electronic data. With the advice and consent of the National Legislative Assembly, His Majesty the King has graciously enacted the following Act: Section 1

This Act shall be cited as the “Computer Crime Act B.E. 2550 (2007)”.

Section 2

This Act shall come into force after the expiration of thirty (30) days from the date of its publication in the Government Gazette.

Section 3

For the purposes of this Act, the following definitions shall apply: “Computer System” means a device or a set of interrelated devices that function together, pursuant to a set of instructions and principles, to perform automatic data processing.

“Computer Data” refers to any data, instructions, or information contained within or produced by a computer system, including electronic data within the meaning of the Electronic Transactions Act.

“Computer Traffic Data” denotes any information associated with communication via a computer system, including but not limited to origin, destination, route, time, date, size, duration, service type, and other relevant particulars.

“Service Provider” includes: 1. Any person who offers public access to the Internet or other computer-based communication systems, whether for their own benefit or on behalf of others

2. Any person who provides computer data storage services for others.

“Service User” means any individual or entity who utilizes services provided by a service provider, whether with or without remuneration.

“Competent Official” means a person appointed by the Minister to carry out duties under this Act.

“Minister” refers to the Minister responsible for the enforcement of this Act.

Section 4

The Minister of Information and Communication Technology shall be responsible for the administration and enforcement of this Act and shall have the authority to issue Ministerial Regulations necessary for its implementation.

Such Ministerial Regulations shall come into effect upon their publication in the Government Gazette.

Chapter I Computer-Related Offences

Section 5

Any person who unlawfully accesses a computer system protected by security measures and not intended for their use shall be liable to imprisonment not exceeding six (6) months or a fine not exceeding ten thousand (10,000) Baht, or both. (Example is where you know the password and use the computer without permission)

Section 6

Any person who, having knowledge of a computer security measure established by another, unlawfully discloses such information in a manner likely to cause damage to the rightful owner shall be liable to imprisonment not exceeding one (1) year or a fine not exceeding twenty thousand (20,000) Baht, or both. (Example of selling passwords or what used to be called Warez is illegal)

Section 7

Any person who unlawfully accesses computer data that is protected and not intended for their use shall be liable to imprisonment not exceeding two (2) years or a fine not exceeding forty thousand (40,000) Baht, or both. (Example making a copy of you work files to take home without permission)

Section 8

Any person who unlawfully intercepts computer data during transmission in a computer system, where such data is not intended for public access, shall be liable to imprisonment not exceeding three (3) years or a fine not exceeding sixty thousand (60,000) Baht, or both. (Example is card skimming in Thailand where you intercept communications of a credit card)

Section 9

Any person who unlawfully damages, destroys, alters, modifies, or otherwise interferes with another person’s computer data, in whole or in part, shall be liable to imprisonment not exceeding five (5) years or a fine not exceeding one hundred thousand (100,000) Baht, or both. (Example is destruction of data)

Section 10

Any person who unlawfully causes a third party’s computer system to be rendered inoperative, delayed, interrupted, or impaired, thereby disrupting its normal functionality, shall be liable to imprisonment not exceeding five (5) years or a fine not exceeding one hundred thousand (100,000) Baht, or both. (Example of this is hacking)

Section 11

Any person who sends computer data or electronic mail to another, while concealing the source of the communication, in a manner that interferes with the recipient’s normal use of a computer system, shall be subject to a fine not exceeding one hundred thousand (100,000) Baht.

Section 12

Where an offence under Section 9 or Section 10:

1. causes actual or likely damage to the public, the offender shall be liable to imprisonment not exceeding ten (10) years or a fine not exceeding two hundred thousand (200,000) Baht, or both;

2. is committed against computer systems or data relating to national security, public safety, economic stability, or essential public services, or is an act against public-use computer systems, the offender shall be liable to imprisonment from three (3) to fifteen (15) years and a fine of sixty thousand (60,000) to three hundred thousand (300,000) Baht.

If the offence under (2) results in death, the offender shall be liable to imprisonment from ten (10) to twenty (20) years.

Section 13

Any person who sells or distributes tools, software, or instructions primarily intended for use in the commission of an offence under Sections 5 through 11 shall be liable to imprisonment not exceeding one (1) year or a fine not exceeding twenty thousand (20,000) Baht, or both. (Example is hosting hacking tools)

Section 14

Any person who commits any of the following acts shall be liable to imprisonment not exceeding five (5) years or a fine not exceeding one hundred thousand (100,000) Baht, or both: (See Extortion in Thailand)

1. Introducing into a computer system forged or false data, in whole or in part, likely to cause harm to a third party or the public; (This can be interpreted as libel)

2. Introducing false computer data likely to threaten national security or incite public panic;

3. Introducing computer data relating to an offence against national security under the Penal Code;

4. Introducing pornographic computer data accessible by the public; (Example hidden cam porn or upskirt porn)

5. Disseminating or forwarding data known to be covered under (1), (2), (3), or (4).

Section 15

Any service provider who knowingly supports or consents to the commission of any offence under Section 14 using a computer system under their control shall be subject to the same penalties as the principal offender.

Section 16

Any person who imports into a publicly accessible computer system any computer data that includes a third party’s image, edited or otherwise manipulated in a manner likely to damage that person’s reputation, subject them to hatred, shame, or social ostracization, shall be liable to imprisonment not exceeding three (3) years or a fine not exceeding sixty thousand (60,000) Baht, or both.

If the act was committed in good faith and was truthful, the offender shall not be liable. Such offence shall be compoundable. If the injured party dies before filing a complaint, their legal heirs—parents, spouse, or children—may lodge a complaint on their behalf.

Section 17

Any person committing an offence under this Act outside the Kingdom of Thailand shall be subject to prosecution within the Kingdom if:

1. The offender is a Thai national and the foreign government or the injured party requests punishment; or

2. The offender is a non-Thai national, and the Thai government, a Thai national, or an injured party residing in Thailand requests punishment.

Lastly see the last part of the Act under the Computer Crimes Act on here as well.