CRIMINAL LIABILITY FOR ONLINE HATE SPEECH WHICH HARMS OTHER PERSON

Abstract

At present time, communication means, telecommunication as well as internet have been developed rapidly. This can be reflected from the number of internet users in Thailand which accounted for 46 million people, and expected to reach 59 million people by B.E.2563.  The number of internet users in Thailand is higher than many other countries globally. This reflects an easy access to medias all ages and genders. However, dissemination of information or expression that incites discrimination or hatred (Hate Speech) has been widely spread in social media. To be more specific, it is inevitable that in Thailand there are controversies occurred from different political opinions as well as a case of the three southern border provinces, and social media could be used to disseminate information in relation to these different opinions faster than other means.

The term “Hate Speech” or speech that incites hatred commonly known as speech in all forms including attack, threaten, duress, insult any persons or group of person on the basis of attributes such as race, ethnic origin, skin color, religion, gender, sexual orientation, disability or different political opinion. The above-mentioned understanding of hate speech is correspond with principle laid down in the The International Covenant on Civil and Political Rights (ICCPR) which provides that speech that expresses hatred or incites discrimination or violence should be prohibited by laws. This could be compared to characteristics of hate speech. 

In Thailand, the act that might be considered as online hate speech has been rapidly growth in the recent years. However, there is no related laws to prescribe the act as an offense under Thai legal system. This is different from other countries such as the United States as well as member countries of European Union. The author therefore proposes to amend related laws regarding expression through social media to be clear and concise. This is to prevent disharmony or hatred which become more and more severe in Thai society.