Legal Problems Regarding the Liability of Monks under the Computer – Related Crime Act (No.2) B.E.2560

Abstract

         In today's society, computer systems and the internet play a significant role in everyday life. Communication and information retrieval are conducted through online media, whether via computers, tablets, or mobile phones. Currently, the propagation of Buddhism utilizes online media as a crucial tool for disseminating teachings widely, not only within the Kingdom of Thailand but also globally, through convenient, easy, and fast methods. Therefore, using online media to spread Buddhism is a highly effective approach. However, the use of online media by monks remains unregulated, as it is considered a right to freedom under the constitution, allowing individuals to exercise their rights without violating the law or contradicting morality or public order. Since monks are a group of people in society with easy access to social media, just like the general public, the opportunity to commit offenses under the Computer-Related Crime Act (No. 2) B.E. 2560 may occur both intentionally and unintentionally. Offenses under this Act carry criminal penalties, including imprisonment, fines, or both. When a monk commits an offense specified in the Act, that monk may be subject to criminal punishment and may be forced to leave the monkhood. However, proving offenses under the Computer-Related Crime Act (No. 2) B.E. 2560 sometimes requires time to gather and examine evidence, especially electronic evidence to identify the perpetrator, which differs from general physical evidence. Proving definitively that a monk has committed an offense is difficult and more complex than general criminal offenses. Furthermore, monks are also subject to the Sangha Act B.E. 2505.

         Therefore, computer-related liability for monks is complex. Enacting additional laws or regulations specifically for cases where monks are held responsible under the Computer-Related Crime Act is necessary. Additionally, establishing an agency responsible for overseeing computer use by monks will help reduce the problem of monks' rights being violated, such as being forced to leave the monkhood when they have not committed a serious offense according to Buddhist disciplinary rules or do not meet the criteria under the Sangha Act B.E. 2505. Having competent and knowledgeable officials will help mitigate such problems and address issues arising from the misuse of computers by monks. Educating monks on the appropriate use of computer technology is another way to preserve the faith of Buddhist faith. This will help to maintain the faith and credibility of Buddhism and continue its propagation.