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INDECENCY ON THE INTERNET AS
A CHALLENGE TO THAI LAW

By Alexander Shytov(1)

          It appears that the principle love your neighbour did work in British tort law in the past (9). But it requires the able judges, lawyers and in criminal law cases, prosecutors. This principle goes against the current trend of law to reflect all the complexity of legal relationships in a set of precise instructions. The Internet with all its cultural diversity defies this trend. Anyone who would attempt to impose a rigid set of standards on the Internet will fail. Moreover, those rigid standards threaten the nature of the Internet itself based on the freedom of expression. What the Internet needs are the responsible users who have conscience and act according to conscience. Therefore, the principle of love your neighbour as yourself can work only where there are conscientious users and enforcement officers.

          The efficiency of the principle of love your neighbour as yourself will depend on the educational campaign directed at all the Internet users. Law in this aspect must assist in promoting decent content of the Internet. The Internet needs ethics as the living organisms need oxygen. One must understand that pornography is against love. It kills love and replaces it with an animal lust. It threatens family fidelity. It teaches a completely wrong thing about love: that it is about body and taking carnal pleasure. But the true love is about soul, and about giving yourself to others.

          The duty of loving one’s neighbour in the Internet context falls first of all on the distributor of the materials, and on those who can control the content of the Internet, like the ISP (Internet Service providers), search engines. It also falls on the law enforcement officers. This principle, when accepted by conscience of people can be a powerful weapon against the spread of indecency on the Internet. The principle of love your neighbour as yourself can give a variety of standards of decency and indecency. It does not automatically determine a particular content of those standards. But it determines how those standards are sought after and applied. It guarantees continuity and flexibility which will make law on indecency relevant to the pace of the development of the Internet. The principle of love requires lawyers to examine the content of the Internet materials not whether they are ugly, or unseemly, or shameful in themselves. The principle looks at the influence of the materials on the wellbeing of the people, their health, and relationship with other people. In other words, love your neighbour provides the method, or process of finding the appropriate standards in a particular context. But this principle can work only where there are lawyers who have love in their heart.

         There are several practical recommendations which naturally flow from the principle of love one’s neighbour. Loving people requires protecting people. Schools, universities and all public and private institutions in Thailand must be obliged by law to install filters which can prevent a large amount of indecent materials. The government must financially support development and distribution of protective software. The ISP and the Internet searches based in Thailand must be obliged by law to censor and prevent communication of the materials which, they believe, are indecent. There is already High-Tech Crime Center as a police unit in Thailand which is responsible for the cleaner content of the Internet. Every Internet user in Thailand can report a web site which contains pornographic materials (10).

 
Part 7          Footnote


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