Protecting Children and Youth: Thailand’s Amended Laws Against Online Cyberbullying

As previously discussed in our articles Thailand – defamation and insult can be considered as cyberbullying   – The Legal Co., Ltd. The current Thai legal framework addressing cyberbullying presents notable challenges. While existing laws, such as the Penal Code (Sections 326 and 328), allow victims to pursue defamation charges, significant limitations persist. These gaps are particularly evident in private digital forums where third-party witnesses are absent or when prosecutorial intent cannot be definitively established. Despite the existing Computer Crime Act B.E. 2560 (2017), a more nuanced and comprehensive legal approach is necessary.

Rationale for Legislative Enhancement

Protecting children and youth in the digital landscape is paramount. Their inherent vulnerabilities expose them to multifaceted online risks, including:

• Cyberbullying
• Online grooming
• Sexual exploitation
• Exposure to inappropriate content

Proposed Legislative Amendment

The Minister of Justice has drafted a comprehensive amendment to the Penal Code (“Draft Law”), specifically targeting online offenses against children and youth. Key provisions of the Draft Law include:

• Precise definition of cyberbullying offenses
• Clear penalties for actions causing psychological harm, shame, or adverse psychological effects
• Potential consequences including:
  • Imprisonment up to one year
  • Fines up to 20,000 Baht
  • Combination of imprisonment and financial penalties

Notably, the amendment introduces an escalated penalty structure, increasing punishments by one-third for cyberbullying conducted on public platforms. This approach acknowledges the broader societal impact of such digital transgressions.

Implementation and Comprehensive Strategy

While legislative reform represents a critical initial step, a holistic approach is essential. The proposed strategy encompasses:

1. Rigorous legal enforcement
2. Comprehensive educational initiatives
3. Targeted awareness programs for:
   • Children
   • Youth
   • Parents
   • Educators

Next Procedural Steps

Following public consultation and feedback from authorities, the Draft Law awaits cabinet and parliamentary review and formal legislative enactment. This collaborative process ensures thorough consideration and refinement of the proposed legal framework.

Conclusion

The proposed Draft Law represents a significant advancement in digital child protection. By establishing clear legal boundaries and penalties, Thailand demonstrates a proactive commitment to safeguarding its youth in an increasingly complex digital ecosystem. Successful implementation will require sustained, multi-sectoral collaboration, balancing legal deterrence with educational empowerment.

Author: Panisa Suwanmatajarn, Managing Partner.

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Cyberbullying VS Defamation – The Legal Co., Ltd.

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