The Act on Computer-Related Offences 2007 (the “Computer Act” or the “Act”) is undoubtedly a unique piece of legislation, which is introduced for the first time in the Thai legal system
The Computer Act is in fact the first comprehensive attempt to deal with any misuse of computer data and/or unlawful access to computer systems. The Act also refers specifically to Service Providers (as the hosts of internet servers, forums, etc.) by making them liable for certain criteria, standards and actions.
This article will analyze the provisions of the Act, while pointing out recent cases and difficulties deriving therefrom, and comparing the Thai provisions with other legislation, when necessary. Special emphasizes and comparative law research are given in this article to the issue of ISP’s liability for defamatory material posted by third parties.
*Advocate Roi Bak, a member of the Israel Bar Association and its Foreign Relations Committee - East Asian Countries, holds LL.B. (cum laude) from