Naresuan University Law Journal

Platform Neutrality Principle and Online Intermediaries

Warut Songsujaritkul — 2024-06-20

Platform service providers, such as search engines, online marketplaces, and social networks, are becoming new online gatekeepers playing an important role in publicizing content, developing social relationships, and organizing online transactions. Information, that is undetectable or otherwise remains excluded from these platforms, is almost non-existent in the acknowledgment of Internet users. However, these platforms are potentially non-neutral in a variety of ways that can significantly distort the experiences of most of their users. Numerous cases illustrate how these online intermediaries undermine the flow of information from speaker to listener. They do so by censoring content and applying bases for discrimination that listeners would not have chosen. To address this problem, this article examines the ‘platform neutrality’ principle focusing on the responsibilities and liabilities that online intermediaries should bear. Since online intermediaries have certain characteristics, combining those of telecommunication service providers and media entities, the application of platform neutrality on online intermediaries is needed to oblige accountability on how result recommendation presented to Internet users. Various values should be present in such a framework such as the value of relevant and unbiased result recommendation; the value of transparency concerning algorithms, and respect for the dignity of the users recognizing how information is presented.

Flight Cancellations and the Enforcement of the International Carriage by Air Act, B.E. 2558

Amares Krabuansin — 2024-06-20

Thailand made amendments to the International Carriage by Air Act B.E. 2558 to align with its accession to the Montreal Convention A.D. 1999. However, several issues arose during the implementation of the amended law due to problems in interpretation and non-alignment with the provisions of the Convention, particularly in cases of flight cancellations, which were not explicitly addressed in the law. In accordance with the Adjudication of the President of the Court of Appeal for Specialized Cases at the Intellectual Property and International Trade Court Case Division No. 13/2563, the court ruled that disputes related to flight cancellations fall under the jurisdiction of the Intellectual Property and International Trade Court pursuant to Article 58 of the International Carriage by Air Act B.E. 2558. This ruling led to several issues, including the absence of specific statutory provisions for application but limited rights for claims, the potential loss of consumer protection rights, and the creation of undue hardships in exercising the right to claim. Upon careful examination, it was evident that the aforementioned ruling did not fully adhere to legal principles, and its implementation lacked appropriateness. The author suggests a separation of the dispute. Flight cancellations should be treated as breaches of contract, and consequently, these disputes should fall under the jurisdiction of the general court with competence in consumer cases. This approach aims to facilitate and assist ticket holders as consumers. Importantly, this proposed scheme is not inconsistent with the provisions outlined in Sections 57 and 58 of the International Carriage by Air Act B.E. 2558 and the Montreal Convention A.D. 1999.

The Spaceport as “Gateway” between the Earth and the Outer Space: A Comparative Study of Legal Measures of The United States of America, Russian Federation, Australia, Indonesia and People’s Republic of China

Chukeat Noichim — 2024-06-20

The objectives of this article are to study and compare guidelines and measures related to the establishment of spaceports in various foreign countries, including the United States, the Russian Federation, Australia, Indonesia, and the People’s Republic of China. The aim is to derive effective guidelines applicable to the establishment of a spaceport in Thailand. Currently, a ‘Spaceport’ is considered an essential infrastructure for space activities, serving as ‘the gateway to outer space.’ It marks the starting point for humanity’s exploration and utilization of outer space, promoting the New Space Economy and bridging gaps in space development. The research indicates that for each country there are: (1) its own ‘definition’ of spaceports, tailored to its specific context; (2) some common characteristics, particularly the specified purpose ‘for launching space objects (including astronauts) into outer space’; and (3) the establishment of operational guidelines for the spaceport. Regarding operational models, countries generally adopt one of three approaches: (3.1) the state acts as the sole operator of the spaceport, (3.2) the state allows the private sector to operate the spaceport, with the state serving as the sole promoter and regulator, and (3.2) joint operation by both the state and the private sector. For recommendations to Thailand on establishing a spaceport, Thailand shall (1) issue policies and laws for establishing a spaceport, (2) clearly define the definition of “spaceport”, (3) clearly specify the objectives for establishing a spaceport, and (4) determine the operating model for establishing a spaceport by using the model (4.1) granting licenses and/or permissions to the private sector under promotion and supervision by the state, or (4.2) a jointly governmental and private sector operation model.

An Amendment to a Legal Measure for Governing Usucaption on Land

Jaturon Bhunyathana — 2024-06-20

The criteria for usucaption on land in Thailand has been in effect for long time. The problems arising from usucaption are as followings. The first problem is interpreting and using such legal measure, according to the Civil and Commercial Code Section 1382, in which the good faith principle was not prescribed. The second is the problem of overlapping prescription between 10 years prescription for usucaption on land under Section 1382 and the use of 10 years criminal prescription for usucaption on land through an offence under Section 1383 of the Civil and Commercial Code. The last one is the problem relating to opposing and revoking the land ownership after acquiring ownership through usucaption. From the research, Roman Law and laws amongst selected civil law legal regimes placed importance on bona fide, Just Title, and justa causa. Besides, some selected regal regimes including South Korea, Germany, and Sweden have developed and used real estate registration system as a fundamental for usucaption on land. Thus, amendments to laws regarding usucaption on land were suggested as follows; (1) Section 1382 was proposed to be amended by including good faith principle; (2) The period of prescription under Section 1383 was proposed to be amended to be 30 years for being consistent with changes in current economic and social conditions; and (3) Section 188 (2) of the Civil Procedure Code was suggested to be amended by allowing the court to summon a person whose name was recorded on the land register or his heirs into the case. If such persons could not appear, the court could summon administrative authorities locally working in the area where the land situated into the case to ascertain real land owner. The rationale was to solve the problem of opposing and revoking the land ownership after acquiring ownership through usucaption.

Cryptocurrency Transactions and Thai Tax Measures

Kedsaraporn Panngam — 2024-06-20

Cryptocurrencies have been used more extensively in transactions. Cryptocurrency transactions may result in generating income to users. Thailand has therefore enacted the Emergency Decree amending the Revenue Code (No. 19) B.E. 2018 to specifically collect personal income tax from transferring cryptocurrencies. The main objective of this research article is to analyse measures to collect personal income tax from cryptocurrency transactions in Thailand, the United States and Australia. The results of the analysis found that the collection of personal income tax from cryptocurrency transactions in Thailand has remained incomprehensive and unclear in many aspects. The research article therefore proposes guidelines for the improvement which are the provision of the comprehensive and clear explanation of personal income tax payment for taxpayers, amendments to the tax law regarding cryptocurrency transactions and measures to monitor and investigate cryptocurrency transactions. The proposed guidelines could contribute to the more efficient personal income tax collection from cryptocurrency transactions in Thailand.

Guidelines for Preventing Terrorism Under the Law: A Comparative Study of the European Union and the ASEAN Community

Tirawat Pratumthong — 2024-06-20

Contemporary terrorism continues to represent a significant and pervasive global issue. Studying legal frameworks for terrorism prevention is consequently a crucial method for assessing the efficacy of enforcement measures. In this study, the researcher examines legal principles and agreements at the regional level, specifically analyzing the European Union and the ASEAN Community, to compare enforcement outcomes. The findings indicated that In terms of legal developments within the European Union, there was a significant harmonization of laws aimed at criminalizing individuals engaged in terrorist activities. The initiation of guidelines to assist victims of terrorism, verify financial support, control arms, verify immigration, and enhance cybersecurity is essential for improving safety structures and supporting efficient operations. As for the legal developments of the ASEAN Community for implementation under the Agreement on Terrorism, it was found that the cooperation structures that have been implemented are still limited, with cooperation being at the bilateral level more than the regional level. Amidst varying management styles, the ASEAN community has utilized regional meetings as a pivotal mechanism to foster mutual understanding and establish fundamental principles aimed at preventing terrorism. Thus, the researcher perceives that the establishment of specialized agencies at the regional level to supervise and prevent terrorist activities would culminate in the establishment of a cohesive operational model, thereby enhancing both theoretical frameworks and practical implementation.