Safe Harbor: Suppression of Dissemination and Removal of Computer Data from the Computer System B.E. 2565 (2022) – Lexology
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Recently, the Ministerial Notification of Ministry of Digital Economy and Society (MDES) re: Procedures for the Notification, Suppression of Dissemination and Removal of Computer Data from the Computer System B.E. 2565 (2022) (the “Ministerial Notification”) was published in the Government Gazette, replacing the previous version which came into force in 2017. The Ministerial Notification lays down safe harbor procedures to be complied by service providers and social media platforms in order to be exempted from liability for cooperating, consenting, or supporting offences in relation to illegal computer data under Section 15 of the Computer Related Crime Act B.E. 2550 (2007) as amended by Computer Related Crime Act (No.2) B.E.2560 (2017) (the “CCA”).
According to the Ministerial Notification, service providers offering the following types of service could benefit from safe harbor if they can prove that they have complied with conditions specified therein.
In general, service providers/social media platforms must transmit, storing or linking computer information in their control without any modification or interference and have no collaboration in, relation to or knowledge upon illegal activities specified in Section 14 of the CCA carried out by services users or other third parties. Also, service providers must not receive direct or indirect compensation or benefit for disseminating such illegal computer information.
In addition to the above-mentioned conditions, service providers/social media platforms must also prove that they have implemented Notice & Takedown Policy, which outlines as follows:
Furthermore, takedown measures also available to officers by issuing an order to service providers/social media platforms who are reported by an injured person, government officials and etc. to have illegal computer contents in their control. Similar to Notice & Takedown Policy adopted by service providers, upon receiving an order from officers, service providers/social media platforms must expeditiously suppress the dissemination and/or remove illegal computer data as well as forward a copy of the complaint to service users, members, or other relevant persons under their control. However, service providers/social media platforms may file an appeal against the order to the Permanent Secretary of MDES within 30 days from the receipt of order.
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