Database of Legislation

Section 14. Any person who commits any of the following offences shall be liable for imprisonment for a term not exceeding five years or to a fine not exceeding one hundred thousand Baht or to both:

(1) dishonestly or by deceit, bringing into a computer system a computer data which is distorted or fake, whether in whole or in part, or a computer data which is false, in a manner likely to cause loss to the public, where it is not the commission of an offence of defamation under the Penal Code;

(2) bringing into a computer system a computer data which is false in a manner likely to cause loss to the maintenance of national security, public security, national economic security or an infrastructure involving national public interest or in a manner causing public anxiety;

(3) bringing into a computer system any computer data which constitutes an offence relating to security of the Kingdom or an offence relating to terrorism under the Penal Code;

(4) bringing into a computer system any computer data of a pornographic nature, provided that such computer data is accessible by the general public;

(5) disseminating or forwarding a computer data with the knowledge that it is a computer data under (1), (2), (3) or (4).

If the offence under paragraph one (1) is not committed against the public but is committed against any particular person, the perpetrator, the disseminator or the forwarder of the such computer data shall be liable for imprisonment for a term not exceeding three years or to a fine not exceeding sixty thousand Baht or to both and the offence shall be a compoundable offence.

Section 15. Any service provider who collaborates in, gives consent to or connives at the commission of an offence under section 14 in a computer system under his control shall be liable to the same penalty as that to be inflicted upon the offender under section 14.

The Minister shall issue a Notification prescribing procedures for giving warnings, discontinuing the proliferation of the computer data and removing such computer data from a computer system.

If the service provider can prove that he has complied with the Notification of the Minister issued under paragraph two, such person shall not be liable.