‘Common sense’ approach to FB enforcement

[webfact]

FACE OFF: COMPUTER CRIME LAW
‘Common sense’ approach to FB enforcement

BANGKOK: -- Pressing “like” on a defamatory message posted on Facebook is certainly not a crime, as such a message is only a record of past actions.

To clarify, a Facebook post is equivalent to a video clip, showing a record of an action that has already been carried out. Facebook users who either approve or disapprove of the video will not affect what has already been shown in the clip, and the same logic applies to pressing "like" on a Facebook status. According to common sense, this is not the same as cheering for a murderer who is trying to kill someone, as the action of the latter is still ongoing and observers would be able to intervene to save the victim.

Thus, a "like" does not show support for the poster or even the message, because the action behind the original post was carried out before other people online even had a chance to see it.

This explains why pressing "like" on a Facebook status should not violate Article 14 of the 2007 Computer Crime Act, which is meant to punish those who propagate false information regarding national security and stability, or information that pertains to obscenity. In reference to the Article, pressing of the "like" button cannot be counted as intentionally sharing the information. It is true that if a person presses "like" on a status, the action could be displayed to Facebook friends on the user's timeline. However, Facebook's design prevents users from setting their preferences to control how their "likes" are displayed or with whom they are shared.

Sarinee explained that this is the social-media company's marketing strategy to manipulate the activities of users, which are considered as products by the company, to automatically spread posts and messages without their full awareness. This is a strategy to turn users into instant advertisers.

It is not certain whether Facebook will practise this business strategy indefinitely, Sarinee said, and thus it could not be said for certain that "liking" a post would always be the equivalent of sharing that post.

It should also be remembered, she said, that Facebook posts can always be edited by the person who posted the original message, and thus the full significance of "likes" cannot always be conclusively evaluated.

There have also been concerns that the Computer Crime Act has been interpreted as an umbrella law that is paired with existing laws on defamation to widely limit people's activities online. Some academics, Sarinee said, think that the Act should be used to only deal with cyber crimes specifically.

There is also a more general problem with charging anyone for defamation in relation to social-media posts, Sarinee said. Messages posted on social media are the equivalent of people's real-life conversations, in which people share their thoughts and feelings with each other without necessarily knowing whether those ideas represent absolute facts.

Therefore, Sarinee said, the current implementation of the Act to punish posts on social media could be seen as being fundamentally against natural human communication patterns. Legal action instead should be directed at online content that demands a higher level of responsibility, such as news reports, but should not cover the general spectrum of people's online communication.

The Kingdom's current political situation could encourage a biased interpretation of the law that results in unjust outcomes, Sarinee said, adding that the Act's current application is far beyond the original definition of the Act and therefore could be considered "dangerous".

The international community has also highlighted the conviction of Thanakorn Siripaiboon, who is accused of Computer Crime Act and lese majeste violations, because Facebook "likes" have never been prosecuted in any country before, Sarinee said. For that reason, domestic critics are not being over-sensitive given the worrying international precedent.

Sarinee said the government does not bring defamation charges based on the social status of the accused. Thus the police should not claim that their interpretation of the Computer Crime Act is necessary to maintain social equity. Serious consequences, she said, could follow if Thanakorn is sent to a military court and prosecuted as a defendant under the Act. For instance, Facebook might reconsider its services offered in the Kingdom.

It may be hard for citizens to understand the police's role, Sarinee said, because the actions taken against Thanakorn seem so dubious in most people's eyes. It was also impossible to figure out, she said, how pressing "like" on a Facebook post, even if there were a massive number of "likes", could ever pose a significant threat to the country.

Source: http://www.nationmultimedia.com/politics/Common-sense-approach-to-FB-enforcement-30275798.html


-- The Nation 2015-12-28

[shirtless]

Freedom of speech made selective by the good general

[never me]

Freedom of speech and human rights.........are a thing of the past in Thailand.

[waldroj]

Could 'Liking' this article be considered a crime (in Thailand).

Maybe, RTP need to post a clarification on Facebook and see how many 'Likes' they get.

[jerojero]

Control the Internet. Suppress the common people. Keep education for the masses minimal. Why are the people no happy? Oh, sorry they are! All 99% of those specially selected to answer polls. Country is going downhill fast. Pity.

[NongKhaiKid]

Using the words ' common sense ' is almost guaranteed to blow the article and any suggestions on how things should be handled out of the water.

[MZurf]

This junta has never been about "common sense", but rather about "elite sense".

[never me]

Using the words ' common sense ' is almost guaranteed to blow the article and any suggestions on how things should be handled out of the water.

The words Thailand and common sense should never be used in the same sentence.

[dominique355]

No Common sense, Paranoia Only

[Oziex1]

The Thai people are missing a golden opportunity to give the Military an emphatic message before their internet freedom is choked.

[ldiablo]

I think it's time TV dropped the like option and replaced it with something similar to this.

[tbthailand]

‘Common sense’ approach to FB enforcement

... ok, that would be "no enforcement"...

You're welcome...

[Bluespunk]

There is nothing sensible about this current attitude towards FB.

[MaxLee]

You know what,.... the authorities at the top of this country don't care. They arrest anyone whom they don't like,... period

Edited December 28, 2015 by MaxLee

[car720]

Freedom of speech made selective by the good general

Have I not been using the analogy of Hitler burning books all this time. This guy is just like any other warlord.

[bangon04]

Using the words ' common sense ' is almost guaranteed to blow the article and any suggestions on how things should be handled out of the water.

Well the RTP is well-known for using "common sense" in the realm of traffic enforcement.

"Common Sense" has a completely different meaning when translated in Thai.

[oneday]

Ah, why bother? This article makes way too much sense for those in charge to grasp it. Everything these days to "the powers that be" is a threat to them, which they label as a threat to National Security.

[chainarong]

I think it's time TV dropped the like option and replaced it with something similar to this.

U left out 99%

[Plutojames88]

Some Key points *

It's an important point one.

Quote

Pressing like on a defamatory message posted on Facebook is certainly not a crime, as such a message is only a record of past actions.

UN Quote

Such as liking say the Bombing of dictators like Saddam which might be placed up.

The event is past and it's an individual assessment of what occurred as according to approval of United Nations .

The individual took no part.

( who pressed like)

It could also be argued they may not know people died and pressed like thinking the picture was from a movie.

Much the same a humorous picture a comedy.

The article went on to say

Quote

Thus, a "like" does not show support for the poster or even the message, because the action behind the original post was carried out before other people online even had a chance to see it.

Unquote

Another very important point is the difference between News , thoughts, opinions , and ideas.

You could say for instance I thought Miss Thailand was a brat when she spoke in the Miss Universe contest.

( That is an opinion)

Or someone looks sick and about to die.

( that is an opinion)

Quote article again

There is also a more general problem with charging anyone for defamation in relation to social-media posts, Sarinee said. Messages posted on social media are the equivalent of people's real-life conversations, in which people share their thoughts and feelings with each other without necessarily knowing whether those ideas represent absolute facts.

Unquote

It points out human nature and day to day gossip is human nature

Not misinformation dispatching

Quote again

Therefore, Sarinee said, the current implementation of the Act to punish posts on social media could be seen as being fundamentally against natural human communication patterns. Legal action instead should be directed at online content that demands a higher level of responsibility, such as news reports, but should not cover the general spectrum of people's online communication.

Unquote

Finally it warns Thailand's Government it is entering Dangerous territory.

Quote

The Kingdom's current political situation could encourage a biased interpretation of the law that results in unjust outcomes, Sarinee said, adding that the Act's current application is far beyond the original definition of the Act and therefore could be considered "dangerous".

The international community has also highlighted the conviction of Thanakorn Siripaiboon, who is accused of Computer Crime Act and lese majeste violations, because Facebook "likes" have never been prosecuted in any country before.

Unquote

This thinking reflects more than the spokes person but the world civilised norms at large.

We're Thailand to ignore the massive uses of social media uses and normal human interaction and try and implement as it seems already has draconian penalties .

Then the stage could well be set for a spotlight on its victims.

L M is being used to create a climate of control and fear.

Once the massive net is cast over social media in such an unjust way.

Social rebellion is likely to occur.

The PM saying we don't understand will not cut it anymore.

Simply put they will be seen as oppressors without any excuses of the populace .

Sanctions will by virtue of this become a mandatory consequence.

It's already on the lowest level Tier of human abuses

Level 3

Usually if no progress is made to alter this action is eventually taken.

Seafood slaves aside .

This will cost the Government if it mistakenly thinks it can arrest and prosecute Facebook uses ( as it does) without attracting punishments from the west.

The PM might not want to listen .

But he will soon find himself internationally loosing big face if he doesn't .

Edited December 28, 2015 by Plutojames88

[mrrizzla]

Clicking Like on a know terrorist organizations page and being monitored for it is in no way comparable to getting thrown in jail for speculating on government corruption rubl.

[Seastallion]

Could 'Liking' this article be considered a crime (in Thailand).

Maybe, RTP need to post a clarification on Facebook and see how many 'Likes' they get.

Which brings us to, what will happen when the General or a top cop post something and you click the soon-to-come "DISLIKE" button or a thumbs down emoji?

Will disliking be treason?

I seriously think it would be.

[than]

Pressing “like” on a defamatory message posted on Facebook is certainly not a crime, as such a message is only a record of past actions.

Look what happen in European legislation, "like" something wrong and you will be prosecute

[BlindMagician]

Using the words ' common sense ' is almost guaranteed to blow the article and any suggestions on how things should be handled out of the water.

The words Thailand and common sense should never be used in the same sentence.

But you just did exactly that.

[rubl]

Clicking Like on a know terrorist organizations page and being monitored for it is in no way comparable to getting thrown in jail for speculating on government corruption rubl.

Both rely on government monitoring your freedom of 'whatever'

[metisdead]

An off topic obfuscation post has been removed as well as the replies.

[baboon]

Clicking Like on a know terrorist organizations page and being monitored for it is in no way comparable to getting thrown in jail for speculating on government corruption rubl.

Both rely on government monitoring your freedom of 'whatever'

Your point being?

[fekman]

Almost a non-issue. We all know that a FB 'like' does not mean the liker supports or agrees with what is posted. Nor does it even mean what is posted is truthful. Post that your grandma just died and you will get many likes. This doesn't mean....

1. That your grandma really died (could be non-truthful)

2. That people support the death, or are glad that she died (the 'like' is the only option to convey your negative feelings about this)

There would also have to be a 'thumbs down' option to be sure what the true intent is. Until then, it's impossible to prove someones 'thought behind the like".

[baboon]

Pressing like on a defamatory message posted on Facebook is certainly not a crime, as such a message is only a record of past actions.

Look what happen in European legislation, "like" something wrong and you will be prosecute

How many people in Europe have gone to prison for clicking 'Like' on Facebook?

[than]

Pressing like on a defamatory message posted on Facebook is certainly not a crime, as such a message is only a record of past actions.

Look what happen in European legislation, "like" something wrong and you will be prosecute

How many people in Europe have gone to prison for clicking 'Like' on Facebook?

In France 215 procedures since 07 January 2015

50 condamnation from 4 month to 4 years for people who "like" terrorism picture or video

In France "like" this content is consider to apology of terrorism, thanks for french States of emergency

Edited December 28, 2015 by than

[Kaalle]

Control the Internet. Suppress the common people. Keep education for the masses minimal. Why are the people no happy? Oh, sorry they are! All 99% of those specially selected to answer polls. Country is going downhill fast. Pity.

Ignorance is bliss. Do you really think thais sit around and reflect on freedom of speech and democracy? They are thinking about the next snack.