Lawmakers have accepted in principle an amendment to the 2007 Computer Crime Act which outlaws spamming for the first time and gives appointed committees powers to ban a website even though its content is not illegal.
The National Legislative Assembly on Thursday voted 160 to accept the bill proposed by the cabinet for deliberation.
The bill is one in the digital security series of laws in support of the digital economy initiative.
Under the bill, senders of unsolicited emails or computer data will face a fine up to 200,000 baht.
Section 14 (1) has been clarified so that it applies more to phishing rather than defamation: "Anyone who corruptly or deceitfully imports into a computer system falsified or false information which might cause damage to someone or people shall face not more than five years in jail or a fine of not more than 100,000 baht or both."
The 2007 law has been used to file defamation lawsuits because of the vague text even though the clause is intended to prevent phishing.
Section 14 (2) in the 2007 law criminalises importing into a computer system false data which may (1) undermine national security; and (2) cause panic among people.
The bill adds two more conditions: undermining public safety and economic security.
The offence carries the same penalty.
Section 15 on the 2007 law has caused problems for service providers because if they are perceived to have intentionally supported or tolerated the offences under the law, they will be liable to the same punishments.
The result of this is widespread self-censoring among websites, bloggers and online operators.
The bill, while keeping the offence intact, added: "The minister [of the soon-to-be-set-up Digital Economy Ministry] shall announce notice-and-takedown procedures...If an operator can prove it has complied with them, it will not be liable".
Since the ministry has yet to be set up, it remains to be seen what regulations it would enforce.
Under the 2007 law, officials can seek a court order to block a website if it violates the laws involving national security, terrorism, social order or good morality of people.
Section 20 (3) of the bill makes it easier. Officials may block any website with illegal content such as gambling or sale of pirated goods when respective enforcement officials request it be taken down.
Section 20 (4) also allows officials to block any website even though its content does not violate any law if they view the content is not in compliance with social order and good morality of people.
The clause stipulates the minister set up a computer information screening committee, two members of whom are from the private sector.
A website can be blocked if all five members agree unanimously to do so.
The bill also allows the minister to appoint a fining committee to decide on cases whose penalties are a jail term of not more than two years or a fine without having to go to the court.