Section 14. If any person commits any offence of the following acts shall be subject to
imprisonment for not more than five years or a fine of not more than one hundred thousand
baht or both:
(1) that involves import to a computer system of forged computer data, either in whole
or in part, or false computer data, in a manner that is likely to cause damage to that third party
or the public;
(2) that involves import to a computer system of false computer data in a manner that
is likely to damage the country’s security or cause a public panic;
(3) that involves import to a computer system of any computer data related with an
offence against the Kingdom’s security under the Criminal Code;
(4) that involves import to a computer system of any computer data of a pornographic
nature that is publicly accessible;
(5) that involves the dissemination or forwarding of computer data already known to
be computer data under (1) (2) (3) or (4);
Section 15. Any service provider intentionally supporting or consenting to an offence
under Section 14 within a computer system under their control shall be subject to the same
penalty as that imposed upon a person committing an offence under Section 14.
Section 16. Any person, who imports to a computer system that is publicly
accessible, computer data where a third party’s picture appears either created, edited, added or
adapted by electronic means or otherwise in a manner that is likely to impair that third party’s
reputation or cause that third party to be isolated, disgusted or embarrassed, shall be subject to
imprisonment for not longer than three years or a fine of not more than sixty thousand baht, or
If the commission under paragraph one is a trustworthy action the perpetrator is not
An offence under paragraph one shall be a compoundable offence.
If a party injured by an offence under paragraph one has died before filing a
complaint, then their parents, spouse or children may file a complaint and shall be deemed to
be the injured party.
Section 17. Any person committing an offence against this Act outside the Kingdom and;
(1) the offender is Thai and the government of the country where the offence has
occurred or the injured party is required to be punished or;
(2) the offender is a non-citizen and the Thai government or Thai person who is an
injured party or the injured party is required to be punished;
shall be penalized within the Kingdom.
Section 18. Within the power of Section 19 and for the benefit of an investigation, if
there is reasonable cause to believe that there is the perpetration of an offence under this Act,
then a relevant competent official shall have any of the following authorities only as
necessary to identify a person who has committed an offence in order to:
(1) issue an inquiry letter to any person related to the commission of an offence under
this Act or summon them to give statements, forward written explanations or any other
documents, data or evidence in an understandable form.
(2) call for computer traffic data related to communications from a service user via a
computer system or from other relevant persons.
(3) instruct a service provider to deliver to a relevant competent official service usersrelated
data that must be stored under Section 26 or that is in the possession or under the
control of a service provider;
(4) copy computer data, computer traffic data from a computer system, in which there
is a reasonable cause to believe that offences under this Act have been committed if that
computer is not yet in the possession of the competent official;
(5) instruct a person who possesses or controls computer data or computer data storage
equipment to deliver to the relevant competent official the computer data or the equipment pieces;
(6) inspect or access a computer system, computer data, computer traffic data or
computer data storage equipment belonging to any person that is evidence of, or may be used
as evidence related to, the commission of an offence or used in identifying a person who has
committed an offence, and instruct that person to send the relevant computer data to all
necessary extent as well;
(7) decode any person’s computer data or instruct any person related to the encryption
of computer data to decode the computer data or cooperate with a relevant competent official
in such decoding;
(8) seize or attach the suspect computer system for the purpose of obtaining details of an
offence and the person who has committed an offence under this Act;
Section 19. The power of authority of the relevant competent official under Section
18 (4), (5), (6), (7) and (8), is given when that competent official files a petition to a court
with jurisdiction for an instruction to allow the relevant competent official to take action.
However, the petition must identify a reasonable ground to believe that the offender is
committing or going to commit an offence under the Act as well as the reason of requesting
the authority, including the characteristics of the alleged offense, a description of the
equipment used to commit the alleged offensive action and details of the offender, as much as
this can be identified. The court should adjudicate urgently such aforementioned petition.
When the court approves permission, and before taking any action according to the
court’s instruction, the relevant competent official shall submit a copy of the reasonable
ground memorandum to show that an authorization under Section 18 (4), (5), (6), (7) and (8),
must be employed against the owner or possessor of the computer system, as evidence
thereof. If there is no owner of such computer thereby, the relevant competent official should
submit a copy of said memorandum as soon as possible.
In order to take action under Section 18 (4), (5), (6), (7) and (8), the senior officer of
the relevant competent official shall submit a copy of the memorandum about the description
and rationale of the operation to a court with jurisdiction within forty eight (48) hours after
the action has been taken as evidence thereof.
When copying computer data under Section 18 (4), and given that it may be done only
when there is a reasonable ground to believe that there is an offence against the Act, such
action must not excessively interfere or obstruct the business operation of the computer data’s
owner or possessor.
Regarding seizure or attachment under Section 18 (8), a relevant competent official
must issue a letter of seizure or attachment to the person who owns or possesses that computer
system as evidence. This is provided, however, that the seizure or attachment shall not last
longer than thirty days. If seizure or attachment requires a longer time period, a petition shall
be filed at a court with jurisdiction for the extension of the seizure or attachment time period.
The court may allow only one or several time extensions, however altogether for no longer
than sixty days. When that seizure or attachment is no longer necessary, or upon its expiry
date, the competent official must immediately return the computer system that was seized or
withdraw the attachment.
The letter of seizure or attachment under paragraph one shall be in accordance with a
Section 20. If an offence under this Act is to disseminate computer data that might have an
impact on the Kingdom’s security as stipulated in Division 2 type 1 or type 1/1 of the Criminal
Code, or that it might be contradictory to the peace and concord or good morals of the people, the
competent official appointed by the Minister may file a petition together with the evidence to a court
with jurisdiction to restrain the dissemination of such computer data.
If the court gives an instruction to restrain the dissemination of computer data
according to paragraph one, the relevant competent official shall conduct the restraint either by himself or instruct the Service Provider to restrain the dissemination of such computer
  
This translation has been provided with the kind assistance of Chaninat & Leeds. Chaninat & Leeds practices both family and business law, including K1 visa Thailand.
Vol.124 Section 27 Kor Government Gazette 118 June 2007.