arrested under Section 15 of the Computer Crimes Act, which extends the liability for
illegal activities to service providers that intentionally support or consent to them. 38
Illegal activities defined in the framework for regulating Internet content include
inputting obscene data; forged or false data likely to cause injury to another person,
the public, or national security; and data that constitute a criminal offense relating to
national security or terrorism. 39 Individuals who either input these illegal data, which
include online messages and information, into computer systems or publish or forward
them with the knowledge of these offenses, are subject to a maximum sentence of five
years imprisonment and a THB 100,000 fine. 40
In the race to curb the ‘‘harmful’’ effects of social media, user-generated content, and
the unabated growth of online commentary, Asian governments have enacted cyber
crimes laws that purport to deter acts of online defamation and vigilantism, but could
also potentially be applied to stifle citizen journalism. The Thai cyber crimes law
creates civil and criminal liability for individuals who publicly post photographs of
others that are ‘‘likely to’’ impair their reputation or expose them to shame, public
hatred, or contempt. 41 In Pakistan, a cyber crimes ordinance taking effect September
2008 made ‘‘cyber stalking’’—which requires ‘‘intent to coerce, intimidate, or harass
any person’’ using computers or networks—a crime punishable by up to seven years’
imprisonment. 42
In April 2008, South Korean President Lee Myung-bak’s administration agreed to resume imports of American beef after a five-year ban, 43 sparking about a hundred days
of candlelight vigils and some of the largest street protests in 20 years. 44 A television
program that aired on April 29 claiming that ‘‘Koreans are 94 percent more likely to
contract a human form of mad cow disease’’ also contributed to stoking online debate,
especially on the Agora forum of Korea’s second-largest portal Daum (which saw its
daily page view count spike from 40 million to 200 million). 45 These demonstrations
also went interactive: protesters uploaded images to the Internet, sent messages on
protest meet-ups and warnings on arrests via SMS, and threw themselves into online
debate. 46 Ultimately, his entire cabinet resigned and President Lee was forced to call
for a ‘‘new beginning’’ for his government. 47
In the following months, President Lee’s administration introduced legislation that
would attempt to address the increase in reported online defamation, ‘‘false rumors,’’
and ‘‘malicious postings.’’ The regulatory body for policing online content, the Korean
Communications Standards Commission, would be authorized to force Internet portals
and P2P Web sites to delete content or suspend publishing for a minimum of 30 days
upon receiving a complaint of articles accused of being ‘‘fraudulent’’ or ‘‘slanderous,’’
during which the commission would determine whether disputed articles should be
removed permanently. 48 Internet portals that fail to temporarily block online postings
containing defamatory information would be subject to a fine of up to KRW 30 million
or could be forced to shut down, 49 while portals or individuals involved in improperly
414
Asia Overview
illegal activities to service providers that intentionally support or consent to them. 38
Illegal activities defined in the framework for regulating Internet content include
inputting obscene data; forged or false data likely to cause injury to another person,
the public, or national security; and data that constitute a criminal offense relating to
national security or terrorism. 39 Individuals who either input these illegal data, which
include online messages and information, into computer systems or publish or forward
them with the knowledge of these offenses, are subject to a maximum sentence of five
years imprisonment and a THB 100,000 fine. 40
In the race to curb the ‘‘harmful’’ effects of social media, user-generated content, and
the unabated growth of online commentary, Asian governments have enacted cyber
crimes laws that purport to deter acts of online defamation and vigilantism, but could
also potentially be applied to stifle citizen journalism. The Thai cyber crimes law
creates civil and criminal liability for individuals who publicly post photographs of
others that are ‘‘likely to’’ impair their reputation or expose them to shame, public
hatred, or contempt. 41 In Pakistan, a cyber crimes ordinance taking effect September
2008 made ‘‘cyber stalking’’—which requires ‘‘intent to coerce, intimidate, or harass
any person’’ using computers or networks—a crime punishable by up to seven years’
imprisonment. 42
In April 2008, South Korean President Lee Myung-bak’s administration agreed to resume imports of American beef after a five-year ban, 43 sparking about a hundred days
of candlelight vigils and some of the largest street protests in 20 years. 44 A television
program that aired on April 29 claiming that ‘‘Koreans are 94 percent more likely to
contract a human form of mad cow disease’’ also contributed to stoking online debate,
especially on the Agora forum of Korea’s second-largest portal Daum (which saw its
daily page view count spike from 40 million to 200 million). 45 These demonstrations
also went interactive: protesters uploaded images to the Internet, sent messages on
protest meet-ups and warnings on arrests via SMS, and threw themselves into online
debate. 46 Ultimately, his entire cabinet resigned and President Lee was forced to call
for a ‘‘new beginning’’ for his government. 47
In the following months, President Lee’s administration introduced legislation that
would attempt to address the increase in reported online defamation, ‘‘false rumors,’’
and ‘‘malicious postings.’’ The regulatory body for policing online content, the Korean
Communications Standards Commission, would be authorized to force Internet portals
and P2P Web sites to delete content or suspend publishing for a minimum of 30 days
upon receiving a complaint of articles accused of being ‘‘fraudulent’’ or ‘‘slanderous,’’
during which the commission would determine whether disputed articles should be
removed permanently. 48 Internet portals that fail to temporarily block online postings
containing defamatory information would be subject to a fine of up to KRW 30 million
or could be forced to shut down, 49 while portals or individuals involved in improperly
414
Asia Overview