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).