Freedom of Expression of Constitutional Opinions via Social Media with the Enforcement of Thailand's Computer-related Crime Act (No.2) A.D. 2560

Abstract

This article aimed to study the scope of freedom of expression in the public as defined in the Thai Constitution 2017 and other laws that limited the exercise of freedom of expression in the public such as the Act on Computer-Related Offenses, A.D.2560, with condition on restrictions on freedom of opinion expression defined in the International Covenant on Civil and Political Rights. This study used the research methodology of document research, with four criteria for document selection: authenticity, reliability, representativeness and meaning.

The study results indicated that The Act on Computer-Related Offenses, A.D. 2560, had the effect of restricting the freedom of opinion expression of the public, even if it is enacted under the Constitution's purpose, but its details gave the power to the state on restriction on the freedom of opinion expression of public which was unreasonable contrary to the principle of proportionality. It also defined the process of reviewing the legality of public officials that resulted in encroachment on the freedom of the people , undefined in the constitution which contradicted the principle of restricting the freedom of expression appeared in the International Covenant on Civil and Political Rights as well as the fundamental principles set in the Constitution of the Kingdom of Thailand.