Announcement of Ministry of Digital Economy and Society Re: Procedures on Notifying, Suspending of Publishing of Computer Data and Exporting Computer Data from System

The Cabinet acknowledged a draft Announcement of Ministry of Digital Economy and Society Re: Procedures on notifying, suspending of publishing of computer data and exporting computer data from system B.E. …. (“Announcement”) prior to its enforcement as proposed by the Ministry of Digital Economy and Society.

Key issues of draft Announcement are as follows:

• It is to cancel the Announcement of Ministry of Digital Economy and Society Re: Procedures on Notifying, suspending of publishing of computer data and exporting computer data from system B.E. 2566 (2017)
• The Announcement has added new definitions of terms which are “Social Media” and “Location of Illegal Data” to be in compliance with those other announcements.
• Determining types and characters of services of service provider or social media provider being able to prove of compliance with this Announcement so that it will not be fallen under the offence of cooperation or consent in conducting the offence.
  • Service provider that is an intermediary operating service such as routing, artificial intelligence, transitory communication – mere conduit where the intermediary does not involve or contribute such as  transmitting of such computer data, making permanent copy of computer data, storing with public access at a later stage, no editing of data by the service provider and no remuneration, directly or indirectly, from publication, duplicate or modifying of such illegal data.
  • Service provider operating for storing or system caching in a computer network controlling transmission of all data from users or outsider or computer network or artificial intelligence or operating of computer network or automatic artificial intelligence with no involvement or control from service provider.
  • Service provider operating reserving of computer data in its own computer system or network where the information residing on system or network at direction of user without the service provider awareness of the illegal activity and without receiving any remuneration.
  • Service provider operating technical service for information location tools without linking to illegal source and that there is no remuneration or benefit involvement, directly or indirectly, from publication of such illegal computer data.
  • Online social media provider in communication or exchange of information between persons through technology or social network by posting, editing, publishing of computer data through service provider or outsider or automatically through computer system or artificial intelligence and the service provider does not get involved and not receive any benefit, directly or indirectly, from that illegal publishing, copying or editing of data.
  • Service provider other than (1) (2) (3) (4) (5) giving service of other internet access or connect manner through computer network.

• Determining notice & takedown policy arranged by service provider to avoid being charged on the ground of cooperating, consenting or acknowledging of offence.
  • Advance notice & take down policy or take down notice in writing is required to be arranged and informed to the public so that the public is able to report to the service provider to suspend or delete publication of illegal data from the computer system.
  • Upon discovery of any service provider or online social media provider publishes illegal data, the service user or outsider can notify the service provider or online social media to suspend publication or erase of illegal data through a daily report or complaint to the police officer or through a complaint form provided by the service provider or online social media.
  • Once the service provider or online social media provider receives the complaint form, it needs to take action in order to suspend the publication of illegal data and make a copy of thereof and send the same to the relevant persons under its control immediately except having reasonable ground or under force majeure event. However, it needs to be acted no later than 24 hours.

• Determining standard measures according to the industry itself to suspend distribution or delete illegal data by order of the officer.
• Determining appealing procedures and revocation of officer’s order in case the service provider or social media provider disagree to the order or exercise the right to argue against the officer’s order.
• Determining litigation procedures in case that service provider or social media provider does not conduct any action according to order to suspend publication, erase or modify the illegal data. The officer must gather the relating evidence of the commission of crime and report the case to the police officer and coordinate with National Broadcasting and Telecommunication Commission or related authorities for further proceedings.

This draft Announcement aims to amend procedures on notification, suspension of publication of illegal computer data for more convenience, quality and suitability to modern technology along with notice & takedown policy or self-report. In addition, it determines more involvement of the officer to tackle the complaint and non-compliance of the service provider which reduces burden of the people or the injured party in complaining to the service provider themselves or the officer.