WHAT CAN BE DONE IN THAILAND TO SUPPRESS PORNOGRAPHY
ON THE INTERNET?
Thailand
alone cannot solve the problem of the flood of immorality on the Internet.
There is a need for a unified international cooperation because of
the nature of the Internet. Thailand, as a member of international
community can propose an initiative for developing and applying international
standards of indecency on the Internet. The fact that there is no
one standard of indecency does not mean that there cannot be such
a one, particularly limited to the information uploaded on and downloaded
from the Internet. It is possible to develop one international standard
of indecency which applies exclusively to the Internet, leaving the
national states freedom to apply different standards outside the Internet.
Developing
an international standard of indecency requires from Thai lawyers
to express that standard in rational forms rather than to rely on
words describing feelings like being ugly or shameful. At the same
time, it is of little help to compile catalogues of the images which
are allowed and which are not with the detailed descriptions of all
possible acts which can cause sexual lust. What lawyers need is a
flexible standard of indecency which should fully express the spirit
of anti-pornography laws – to protect family values, youth,
and childhood.
One does
not need to wait for the politicians to agree on the international
standard, the parliaments to ratify them, and the agreement to come
into force. It will be too late. Thai lawyers must today seek this
standard and apply it today. In the end, the real law is not the one
which is in the books or on the paper, but the law which governs relationships
in real life.
The principle
for developing standards of indecency as well as decency which is
proposed in this essay is simple: “Love your neighbour as yourself.”
In relation to indecency on the Internet it means that anyone
who distributes any materials on the Internet must take care for the
wellbeing of those people who will get access to those materials. This principle does not say precisely which image should be considered
as pornographic or not. What it does say that the image which is posted
on the Internet must be evaluated in terms of benefits and harms it
can possibly cause. If there is a likelihood that this image can corrupt
morals of people in whatever part of the world, there is an obligation
not to make it available on the Internet. How can this principle work
in practice?