[Tlc] Fwd: Statement: STOP ONLINE MEDIA INTIMIDATION

[Michael Montesano]

---------- Forwarded message ----------
From: supinya klangnarong <supinya40 at yahoo.com>
Date: Mar 9, 2009 2:19 PM






 *STOP ONLINE MEDIA INTIMIDATION*





Reference is made to the arrest of Ms. Chiranuch Premchaiporn, web director
of the online newspaper Prachatai (http://*www.prachatai.com*), by the
police at approximately 2.30 pm on Friday March 6, 2009, after which the
police interrogated her, copied the hard disk in her personal notebook
computer, and charged her with violation of Sections 14(1), 14(3), 14(5),
and (15) of the 2007 Computer Crime Act, which pertain to crimes which
*“involve
import to a computer system of forged computer data, either in whole or in
part, or false computer data, in a manner that is likely to cause damage to
that third party or the public; that involves import to a computer system of
any computer data related with an offence against the Kingdom's security
under the Criminal Code; that involves the dissemination or forwarding of
computer data already known to be computer data [which are illegal]” *and *“any
service provider intentionally supporting or consenting to an offence
…within a computer system under their control shall be subject to the same
penalty as that imposed upon a person committing an offence…”*



Thai Netizen Network (TNN), Campaign for Popular Media Reform (CPMR), and
Freedom Against Censorship Thailand (FACT) are of the opinion that despite
the government’s claim that this arrest was made in accordance with the law,
it was in effect a case of the government using legally sanctioned powers to
threaten and intimidate the freedom and rights of online news media.
Prachatai is an online newspaper that works within the purview of journalism
ethics, as a new medium that allows its readers to express their opinions.
Prachatai’s web director has been in full compliance with the Computer Crime
Act with regards to keeping all Internet traffic records, exercising due
diligence in erasing user-generated content that is of a sensitive nature,
and has in the past fully cooperated and complied with state officials in
erasing such content.



*Since the content of all Internet media constantly changes by its very
nature, the state must exercise flexibility and care in regulating online
media which technologically differ from other traditional media. The state’s
officials should also use negotiation and reconciliation in their approach,
not ones whose sole aim is to prosecute.*

* *

*Further, the police’s charge that Prachatai supports the posting of content
that endangers national security is completely unfounded. To date, the
police have not explained how such content will hamper national security,
and the specific content that the police deems to violate Section 14 of
Computer Crime Act in this case has been removed from the Prachatai website
since November 4, 2008.*

* *

Contrary to the government’s claims, the use of an aggressive measure in
this case, i.e. making the arrest without prior notice on a Friday
afternoon, a fact which made seeking bail for the accused more inconvenient
and difficult than normal, reflects the intent to intensify the tension,
worsen the ‘climate of fear’, and further provoke deep distrust among
members of the Thai society. Therefore, such a heavy-handed measure by the
government will not help protect the so-called national security.



On January 13, 2009, TNN, CPMR, and FACT jointly submitted the proposal and
protest against the government’s anti-Internet “War Room” policy to the
government. Our proposal and protest was personally received by Prime
Minister Abhisit Vejjajiva, who agreed to set up a working team comprising
members from the Internet user community, and relevant government agencies
such as the ICT Ministry and the Police Department. This working team was to
be formed to discuss and mutually agree upon principles by which the
Computer Crime Act should be enforced, based on the respect of all rights
and freedoms of the media and citizens in accordance with principles of
universal human rights.



*In reaction to the aforementioned arrest, TNN, CPMR, and FACT make the
following demands of the government:*

* *

*1.   That the government stop its current policy of intimidating Internet
media, stop using any measures that amount to the declaration of war against
Internet media, and instead switch to negotiation and seeking co-operation
on the basis of respect for the citizens’ rights and freedoms, and an
understanding of the nature of the Internet as a new medium;*

*2.   That the government follow through on the Prime Minister’s earlier
verbal agreement to open a channel and create a mechanism to exchange ideas
and opinions between the representatives of Internet media and all relevant
government agencies, particularly the police and ICT Ministry, in order to
foster mutually agreed understanding on the appropriate way to regulate
online media and communities;*

*3.   That the government cease the perpetuation of its negative attitude
towards online media, which will only lead to further prejudice, tension,
and rifts in [Thai] society. In particular, we demand that the government
cease accusing Prachatai of being “a lese majeste website,” “a threat to
national security website”, “an anti-monarchy conspiracy” or “backed by
influential politicians” etc., Such accusations are not only completely
unfounded; they also reflect poorly upon the government at the helm of a
democratic country, in ways that harm its attempt to build public
confidence, both in Thailand and abroad. *

* *

*We would like to extend our goodwill to the government and all relevant
agencies, and offer our willingness to cooperate fully with regards to
creative regulation of online media, on the basis of trying to strike a
balance between regulation and protecting the citizens’ basic rights and
freedoms which the government has a direct duty to uphold. *

Lastly, we would like to call upon all branches of the media as well as the
general public to appeal to the Thai government that it use diplomacy
instead of blunt prosecution in order to find a creative solution to the
situation instead of using threats and intimidation as in the past, which
never truly achieved the government’s objectives.

* *

* *

*With confidence in the rights, freedoms and integrity of all citizens.*

* *

*Thai Netizen Network *

*Campaign for Popular Media Reform (CPMR)*

*Freedom Against Censorship Thailand (FACT) *

*8 March 2009*



*
-- 
We stand for cyber-liberty!
www.thainetizen.org *
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