Legal Issues on Criminal Liability of a Person who Inputs Pornographic Data in to Social Media Applications with Security Prevention Measures and Collects Fees to View and the Measures to Prevent Dissemination of Pornographic Data in Social Media

Abstract

This research has the purpose to study the legal definition of the term “Pornographic Data”, the legal liability of a person who has pornographic data in possession with intention to seek illegal benefits, the legal liability of a person who inputs pornographic data into social media account with security prevention measures but such person collects fees to view those data, and the measures for blocking or deleting pornographic data on the internet that is inefficient to prevent dissemination of pornographic data. The author studies the concepts and theories relating to criminal theories, legal principles and analysis on legal problems on online pornographic materials that has prevention measures but such users collect fees to view as well as law on site blocking, and to propose the revisions of the laws relating pornographic materials and prevention measures. This research is conducted by means of documentary research method which studies legal documents then compares and analyzes those legal principles.  The research found that the Computer Related Crime Act B.E. 2550 does not state the term of pornographic data which may not incur to penalize any person who has pornographic data in possession with intention to seek illegal benefits, the Law may not be applied to incur legal liability of a person who inputs pornographic data into social media account with security prevention measures but such person collects fees to view those data and when the police office has found data that is against the public order and good moral, he may not be able to request a warrant to block or delete pornographic data on the internet by himself. Thus, the researcher proposes to define the term “pornographic data” in the Computer Related Crime Act which includes “any form of expression that depicts nudity with or without censor,  impose criminal liability on the person who has pornographic data in possession with intention to seek illegal benefits, impose criminal liability on the person who inputs pornographic data into social media account