Notorious Website Owner Phraya Phichai Released

[Jai Dee]

Notorious website owner released

'Phraya Phichai' bailed, then slips quietly away

A 37-year old man detained for two weeks at Bangkok Remand Prison on charges under the new Computer Crime Act was released on bail yesterday, a source said.

The source confirmed that the man was the webmaster for www.propaganda.forumotion.com, which mainly discusses the monarchy. The webmaster, widely known in the cyber community as Phraya Phichai, was quietly arrested two weeks ago and public access to his website has been denied since then.

Phraya Phichai, a pseudonym, became the first victim of the new Computer Crime Act, which went into effect on July 18.

Though he was arrested on August 24 by Crime Suppression police, he was first seen by his family on Wednesday. During his two weeks in custody, Phraya Phichai never consulted with a lawyer, the source said.

According to the source, Phraya Phichai was charged under Article 14 (1) and (2), which prescribes punishment of a maximum five years imprisonment or a Bt100,000 fine for posting false content on the Internet to hurt others and public security.

It was the first time that police exercised their power under the new law and the story was first reported by the Financial Times weekend edition.

Quoting a senior Thai official, the London-based paper said authorities have used the law to arrest two Thais for "what were deemed particularly offensive comments about the monarchy on Internet chatrooms".

Throughout the past two weeks, Netizens have been worrying about the arrest and disappearance of Phraya Phichai. They have sought an explanation from the Thai government about the Financial Times' report.

Assuming that Phraya Phichai was one of the two victims cited in the report, a Net surfer has started a weblog called Free Phichai, criticising the arrest and demanding the release of the webmaster.

On Tuesday, Fah Diew Kan (Same Sky) Publishing house, the publisher of a radical political magazine under the same name, issued a statement demanding that all agencies related to the issue, particularly the Information and Communications Technology (ICT) Ministry and police, explain all facts related to the Financial Times' report.

"If someone was arrested, the government and all agencies concerned with the issue must respect that person's human rights and entitlement to justice," said the statement.

The Computer Crime Act, proposed by the ICT Ministry, has been mired in controversy since it was drafted due to the excessive power of police, who are allowed to seize computers of people suspected of disseminating "insulting or pornographic" content.

The law raised concerns among both local and international human rights organisations such as Reporters Without Borders, which said it might result in an increasingly restrictive policy towards free expression online.

Source: The Nation - 07 September 2007

[cclub75]

Funny. Yesterday night, our first posts and reactions on this -very important- issue were deleted...

Glad to see that some people are eventually cooling down...

Anyway. So i guess now we can talk about this law ?

It's going to be red meat.

[cclub75]

So I will start with some links to understand better what is exactly this law and what are its main provisions.

First, a quick review of the main provisions (Nation and Bangkok Post)

And then a translation in english of the law: (PDF file)

Shake thoroughly and drink cold. It's appalling.

Edited September 7, 2007 by cclub75

[soundman]

According to the source, Phraya Phichai was charged under Article 14 (1) and (2), which prescribes punishment of a maximum five years imprisonment or a Bt100,000 fine for posting false content on the Internet to hurt others and public security.

Better watch what you are posting ladies & gents.....

That clause of the law could be widely interpreted.....

I wonder if an idividual's opinion (even if not at all factual) about any subject could be interpreted under this law, if it has annoyed certain influential people?

Soundman.

[Jai Dee]

Anyway. So i guess now we can talk about this law ?

Be very careful about what you say.

Anything that contravenes the ThaiVisa Forum Rules will result in moderator or admin action.

Be warned.

/Edit - I'd like to take this opportunity to remind all members that this Act has Royal Assent.

Edited September 7, 2007 by Jai Dee
Additional comment added

[Stephen Cleary]

Well, the cops and Phichai seemed to have made a pact. As of late yesterday, the entire Forums on the site have been deleted.

Even if there was no new Com Crime Act, the cyber police would have been on his track anyway as he was running a site that was seriously breaking the law of Lese-majeste.

The only thing left on that site now is the names of its 800 members. Now, if i were one of those regulars living in Thailand i'd be pishing me pants.

A terrible site.

Phichai can thank his lucky stars that he hasn't simply 'disappeared'.

Edited September 7, 2007 by Stephen Cleary

[A_Traveller]

Anyway. So i guess now we can talk about this law ?

Be very careful about what you say.

Anything that contravenes the ThaiVisa Forum Rules will result in moderator or admin action.

Be warned.

/Edit - I'd like to take this opportunity to remind all members that this Act has Royal Assent.

Whilst understanding that, may I respectfully ask for a public clarification of your edit. All laws enacted by Bills passed in Thailand are subject to Royal Assent and, in principal, orders varying the Act are promulgated under the same. Is there not a risk here that your edit, taken too generally perhaps, means that we cannot hold a spirited discussion about any law in the Kingdom?

Regards

/edit format//

Edited September 7, 2007 by A_Traveller

[Jai Dee]

Whilst understanding that, may I respectfully ask for a public clarification of your edit. All laws enacted by Bills passed in Thailand are subject to Royal Assent and, in principal, orders varying the Act are promulgated under the same. Is there not a risk here that your edit, taken too generally perhaps, means that we cannot hold a spirited discussion about any law in the Kingdom?

Potentially libellious posts and negatively critical comments about this Act will not be tolerated as they would place ThaiVisa in jeopardy. Posts of this nature will be immediately removed and the offending member suspended from the forum.

Same for posts of a lese majeste nature.

Does this help clarify things?

[ChaiRorn]

Mmmm, think I'll go check out another thread then...

[londonthai]

from the definition all law is made by the rulling class and in their interest - don't expect, when their position is weakening, that they will tolerate without any resistance civil disobedience.

as in thailand, same goes all around the world, for example Gunatanamo Bay or using newly introduced anti-terrorist laws in europe against anti-capitalist movement.

internet, the invention of the military industry, one day might be a nail in the coffin of the present socio-economic system.

as to freedom of speach - not a long time ago in britain there were strict certain state laws what you can't say in public. Nowdays every comedy program on television or radio brakes even the new, liberal law, and the apparatus of the state oppression doesn't dare to prosecute. Say, what you want to say, and face the consequence of the law, but at some stage nobody will bother about prosecuting.

[meemiathai]

My feelings are: talking about human rights abuse, thailand is really no way in comparison to China.

This person will simply evaporates if he was in China.

Anyway it must be stressful jobs for the Mods.

[cclub75]

This person will simply evaporates if he was in China.

Indeed. That's the magic of "relativity". As you say, it could have been much worse !

However, allow us to feel seriously unease about this, in Thailand.

And my guess : it's going to fuel, more, the bad vibes about the country in the world medias.

This is not a small "incident". This is not, like usual, mai pen rai, or a small funny "bug" like we see constantly in Thailand.

Again, read the content of this law. It's amazing. But a lot of people were thinking that it was, once again, just a "paper law". Something for the face, for the show.

But now that we have the proof that -apparently- the state apparatus doesn't mind at all to use this law... then it opens a whole new world of interrogations....

[meemiathai]

This person will simply evaporates if he was in China.

Indeed. That's the magic of "relativity". As you say, it could have been much worse !

However, allow us to feel seriously unease about this, in Thailand.

And my guess : it's going to fuel, more, the bad vibes about the country in the world medias.

This is not a small "incident". This is not, like usual, mai pen rai, or a small funny "bug" like we see constantly in Thailand.

Again, read the content of this law. It's amazing. But a lot of people were thinking that it was, once again, just a "paper law". Something for the face, for the show.

But now that we have the proof that -apparently- the state apparatus doesn't mind at all to use this law... then it opens a whole new world of interrogations....

Your concerns are fully understandable.

[Mid]

Second suspect of cyber crime found

Fri, September 7, 2007 : Last updated 20:44 hours

A woman who was reported to be the second person to have been arrested under the new Computer Crime Act has been detained at Bangkok Remand Prison, according to Prachatai online.

snip

nationmultimedia.com

[Shan]

I think it is for many, especially from European countries, that these laws are difficult to understand. Lese majeste exists in The Netherlands for example too, but it is very seldom enforced as they know by now that it often has a reverse effect.

The last notorious case was in the late 19th century when Domela Nieuwenhuis, one of the first Dutch socialists, published an article in his magazine in which he merely said that in his opinion the king did not make much of his job, referring to the then very unpopular King William III. He was sentenced to one year in prison and served 6-7 months of that before he was pardoned - mainly due to huge waves of protests both national and international - after about half a year.

In this same magazine however shortly after that episode a series of articles appeared telling about the live and works of King Gorilla, a less friendly nick name given to this William III. If something could be called lese majeste that article certainly was that in all aspects. No action was ever taken. The reason was most probably that in a procedure for the court there would have been fact finding and the possibility that much of the allegations were true was not far fetched to say it mild

Most recently - some months ago - a man was arrested in Amsterdam after he had loudly expressed his wish to perform rather indecent acts with the present Queen Beatrix. This resulted in dozens of discussions on Dutch TV and elsewhere. Not what the man had said stood central, but the fact that this old dusty law was used. Many politicians were of opinion that this law should be abandoned altogether as it does not fit in our modern society any longer. The Dutch police was widely accused of over reaction! The whole affair was looked upon as a bad joke.

Thailand has not reached this point, but I seriously doubt if the image of Thailand and in particular of the Thai monarchy is served in any way by the laws that are now in force regarding these matters. Ignoring things like this is a far better remedy!

Edited September 8, 2007 by Shan

[A_Traveller]

The issue here, in Thailand, has been the morphing of the use of the law into a shield behind which governments can hide, something in which Thaksin {though he didn't create the trend} excelled. In point of fact such usage of the law is closer to the definition of seditious libel, not lese majesty per se. In Thailand even if the palace states that remarks are harmless, charges are still prosecuted.

The issue then for a open environment is where the prosecuting authorities argue that there is a link between a complaint and the monarchy, when such claim is tenuous. For example, no one would seriously suggest that if there was disastrous flooding in Bangkok, that a charge could be brought against those arguing that the defences were substandard, such a charge owing to the sterling efforts of HM to guide elements of the design of the flood defences.

Regards

[Mid]

The issue here, in Thailand, has been the morphing of the use of the law into a shield behind which governments can hide, something in which Thaksin {though he didn't create the trend} excelled. In point of fact such usage of the law is closer to the definition of seditious libel, not lese majesty per se. In Thailand even if the palace states that remarks are harmless, charges are still prosecuted.

The issue then for a open environment is where the prosecuting authorities argue that there is a link between a complaint and the monarchy, when such claim is tenuous. For example, no one would seriously suggest that if there was disastrous flooding in Bangkok, that a charge could be brought against those arguing that the defences were substandard, such a charge owing to the sterling efforts of HM to guide elements of the design of the flood defences.

Regards

pity there is no way of rating posts here ,

cause this one is up there .......................

respect

mid

[seonai]

Yes but please posters be careful about discussing the Royals, thanks in advance

[TAWP]

My only question is...how does one become a "Notorious Website Owner"? Always pay their bill on time?

[OlRedEyes]

Fortunately nobody can legislate respect.

[TAWP]

Or happy thoughts.