Legal Measures for the Prevention and Suppression of Child Pornographic Media on the Internet

Abstract

The objectives of this research are to analyze and propose the guidelines for prevention and suppression of child pornographic media on the internet. Results of this research showed that Thailand, at present, has specifically amended legal measures for the prevention and suppression of child pornographic media on the internet, i.e. the additions of the Criminal Code, Section 287/1 : offense of child obscenity and pornographic media  possessing for sexual advantage or child obscenity and pornographic media forwarding, Section 287/2 : offense of making or trading or advertising child obscenity and pornographic media, and Section 1 (17) : the definition of “child obscenity and pornographic media”.  The amendment implies that Thai law provides the protection to children of the age not exceed than 18 years.  Furthermore, Section 15 of the Computer Related Crime Act B.E. 2550 has been amended to set up the offense and the penalty exemption of the internet access provider. These amendments of Thai laws are appropriate and in agreement with the international standard.

          However, the wording in Section 287/1 and Section 287/2 of the Criminal Code, employed with the terms “child obscenity and pornographic media”, may create a misunderstanding of the crimes and lead to a false interpretation.  From our research, the wording of “child obscenity and pornographic media” in the Criminal Code, Section 1 (17), Section 287/1 and Section 287/2 should be amended to “child pornographic media”.