As we know that nowadays online social has more role in human life in every gender and age. Feeling or posting on the internet is very popular in young generation. We should realize about effect that happen after posting text for public to see.
“Facebook” is one kind of online social media which send message wide area receiver and it’s fastest. It’s the most influence right now. Today we will talk about the libel fault by advertise and the fault of computer Act of Parliament. We have an example of real situation which company serviced as a lawyer lately.
"Ms. A has posted accuse Ms. B by having advertised on Facebook since 2016 until now. Ms. A accused Ms. B of torturing animals to die, for example, not feeding them and including to stealing them; however it is not true. Ms. B never did anything like this, but she is a volunteer for helping animals by donating money and taking animals to the treatment place."
From this situation the action of Ms. A was wrong following criminal code. The allegation is libel by having advertised and computer Act of Parliament. We should study because we will not lack of discreet and break the law by posting text to libel other.
Libel is to accuse other in many ways for example talking, writing, texting or acting to let third person know which is action that injured person get bad reputation.
The fault following criminal law
Libel by having advertising is libel by using document, drawing picture, film, picture or letter that make them happen by any method gramophone record, audio record equipment, picture record, letter record. It’s done by dispersing audio or picture or announce by other way.
The fault following civil code
Infringe is any action of person or responsibility of person that make damage to other. It may action of themselves or other. The person who get damage likes to get cure by request for compensation or request infringe person does something or does not do something depends on the case.
Responsibility by criminal and civil cases are difference. In criminal case, the offender has to be punished by imprisoning and fine. While the civil case offender has to pay compensation to injured person. The most important point is that if the text is not true, the offender will has criminal fault and compensate by civil case. If the text is true, the offender will have criminal fault, but does not need to pay compensation by civil case.
In case of the criminal fault libeling will has fault following criminal code section 326 that legislated.
“Anyone slander other to third person by making other disreputable, insult, hate. This person does wrong by libeling. The punishment is imprison not more than 1 year or fine not more than 20,000 baht or imprison and fine."
If you take message or picture which libel into online social media. People can reach that information which is advertise by picture or letter that occur by any method in section 328.
“If the fault of libeling is done by having advertised by document, drawing picture, film, picture or occur letter no matter what method gramophone record, audio record, picture record or letter record do by expand audio or picture or announce by using other way. The offender need to imprison not more than 2 years and fine not more than 200,000 baht"
The offender has to get punishment harder than normal libel section 326, because advertising makes text or picture that libel other spread to many people and faster than normal libel.
So that, writing or posting text to libel other on the internet within the scope of criminal code section 328 and computer Act of Parliament section 14. Internet is big network. It spreads around the world and Thailand. Posting text that libel from the beginning to the end can retrace, check person who does this.
How about the period of time that he or she posts, will it disappear? And what if the offender deletes, can we check back date?
Computer Act of Parliament section 26 stated that facilitator has to keep information not more than 90 days starts from that information reaches computer system. If necessary case officer will order facilitator keep computer information more than 90 days but not more than 2 years for special case. Specific person and time facilitator has to keep information of user as much as necessary. For identify user from the beginning to use and has to keep not less than 90 days start from service is finish.
“We need to be careful when posting anything on the internet and warn ourselves that we are challenging the law. If we post text that libel other. Sufferer can sue or accuse to the court both civil and criminal cases."