Internet Law Reform Dialogue (iLaw)

iLaw educates and supports Thai public to propose their own Bills. We engage people to create interest in political, social, and human rights reforms, through the use of Internet.

Under Thai Constitution, draft legislation endorsed by 10,000 eligible signatories must be considered by Parliament. iLaw supports draft legislations from NGOs and people movements. We also working with scholars and field experts to draft legislation according to the public interest.

Our website, ilaw.or.th, is participatory by design, aiming to promote people’ voices. Visitors can discuss and suggest amendments, download endorsement forms to sign their signature, volunteer to collect signatures within their communities, and propose bills of their own.

Bills featured by the project have to conform to project committee’s guidelines, regarding their democratic, social, and human rights qualities. For example, a bill likely to increase divisions or discrimination, such as a bill to make one particular religion the national religion, would not be likely to be approved as a featured bill for public support on the website, but could be discussed by visitors on the website’s forum.

The project is established in 2009 by Jon Ungphakorn. He is a long-time social activist, a founder of Prachatai online newspaper, and was an elected senator. iLaw is a semi-autonomous project under the incubation of Thai Volunteer Service Foundation. The project currently has three full-time staffs.

Current iLaw Featured Bills

Issues which iLaw played an active role are include social welfare, environment, public health, judicial procedure, and gender equality. The project’s current focus are amendments of laws that infringe upon rights and freedom of expression:

1) The Repeal of Security Laws that Violate Rights and Freedom

Three security laws, namely 1) Martial Law; 2) Emergency Decree on the Public Administration in Emergency Situation B.E. 2548 (2005); and 3) Internal Security Act B.E. 2550 (2007) give legal power to the government to limits rights and freedom of people. Track records during many political incidents have shown that the uses of laws on the pretext of security can never solve anything. On the contrary, they create problems that are affecting Thailand in an immeasurable manner. This includes the blocking of news and websites and the uses of arms to do harm to people.

iLaw drafted the Acts to Repeal Security Laws that Violate Rights and Freedom under the Democratic System and disseminated on the website so that ordinary people can download the documents that have the aim to repeal these laws.

2) The Amendment of Computer-related Crime Act B.E. 2550 (2007)

Intermediary liability created by this law makes media resort of self-censorship. Abstract terms also open for broad interpretation. For instance, “offenses that affecting public moral and national security.” There are increasing numbers of legal cases against people who express their opinions online.

iLaw collect opinions on how the Computer-related Crime Act should be amended. The information on the website has divided the topics into penalty with regards to Internet contents, effects of this law on intermediaries, and the power of the authorities. Realizing it needs sufficient data to support the amendment recommendation, iLaw have started a research project “The Effects of the Computer Crime Act 2007 and state Policy on the Right to Freedom of Expression.”

Recently, iLaw together with Thai Netizen Network and Amnesty International Thailand are advocating for converting the proposal document into People’s Draft Law.

3) The Amendment of Film and Video Act B.E. 2551 (2008)

This law gives the National Film Committee the power to censor films and order the amendment of the films’ contents. Such power is against the freedom of opinion and is an impediment to Thai art and film industry. iLaw is working with Movie Audience Network of Thailand to push for the cancellation of the censor system and the amendment of the act so that there will be clear working mechanisms that are transparent and accountable.

In November 2010, Insects in the Backyard, an independent film directed by Thanwarin Sukkhabhisit has been banned in Thailand by National Film Committee. The committee's reason is this film presented the content that against good moral of people. It is the first film that has officially banned by the Committee.

The film's story is about a father who is homosexual and not being accepted by his children. They are also living in a society that people see gender issues from different perspective.

After the announcement of not permitting the screening of this film, the film director and Thai Audience Network would like to challenge the National Film Committee's decision. Because the Committee's order is not clear and not refer to any article of the law. Also, the film director have not been invited to defend his ideas to the film authority, which is a violation of his right.

In mark this incident as a case study, the film director and Thai Audience Network are working with iLaw and Human Rights Lawyers Association (HRLA) to put this case to the Administrative Court. With the aim that the court can identify legal terms on these following issues: 1) definition and scope of 'good moral'; 2) scope of National Film Committee's authority; 3) standards in decision making procedure; and 4) if the Film and Video Act is unconstitutional.

4) Lese Majeste Law (Section 112 of the Criminal Code)

The content of this law is problematic to all groups that have different stances in the society. Thai society needs to open up for discussion about this law. iLaw is monitoring different public opinions. We work with an independent group called “Article 112: Awareness Campaign” on public communication about the problems and effects of the law. iLaw does not have a position yet as to how the law should be amended.

Freedom of Expression Documentation Center

In 2011, iLaw is in the process of setting up Freedom of Expression Documentation Center to monitor and gather statistics on the violations of rights of freedom of expression, which mostly effected by Computer-related Crime Act (CCA), Lèse Majesté Law (LM), Film and Video Act, and Broadcasting and Telecommunications Act. It will work with various organizations, including Thai Netizen Network, Federation of Community Radio, and Article 112: Awareness Campaign.

There has been an increasing number of people affected by laws related to the rights and freedom of expression, especially under CCA. Sometimes, the complaints are being done jointly between CCA and LM. These cases are complex in terms of information gathering and evidence findings. The numbers of people who are affected are rising, while there are not many lawyers and technology experts who can work together for the access to justice during the trial processes.

The center will work to connect affected people with lawyers and specialists. It will also working on public understanding on legal cases related to technology and the rights and freedom of expression under the current political conflict in Thailand.

Furthermore, it was found that one of the main problems in Thai society is the lack of human rights lawyers with expertise on technology cases. This center will therefore develop technology knowledge for the lawyers by conduct capacity building program along with networking of lawyers who can work on technology cases and design a system for lawyers to work alongside expert network.