Digital laws need revamp

Digital laws need revamp

Prime Minister Prayut Chan-o-cha was apparently upset when the press questioned him early this week about the problematic cyber bills. He should not be. 

Instead of being upset with the media which reflected widespread public concerns, the prime minister should be asking why more care was not given to the drafting of laws with gaps and loopholes that would ultimately derail his digital economy policy.

The laws in question are the package of eight digital and computer-related draft laws which were approved by the cabinet last week. They are supposed to help fast-track Thailand into the digital economy. But they turn out to be dominated by old-world security concerns that will squeeze rather than free up cyber freedoms that are necessary for digital innovations and growth.

If passed into laws, they will allow cyber security officials to have free access to private and corporate information, both electronic and conventional, without having to get court orders.

Cyber security officials can also order service providers and companies to do or stop doing certain things in the name of "national security" — an extremely ambiguous term which allows for easy abuse of power. Officials also have the power to summon anyone for questioning or to demand any documents in order to protect, once again: "national security".

Nearly one-third of the population is now using computers and the internet. They are rightly appalled with what lies ahead. So is the business sector. 

Many cyber experts and activists have spoken against the grave infringements of human rights and privacy from the new laws. They have also warned the new laws will chase away foreign investors and international digital companies the country need to propel its digital economy.

Indeed, who would want to invest in a country where their information is not safe, and their policy is at the mercy of cyber security officials. 

Also under question is the National Broadcasting and Telecommunications Commission's ability to prevent political intervention under the new cyber system. 

While the "super board" chaired by the prime minister may help ensure integrated policies for the digital economy, other new cyber-related agencies to be set up under the new laws face questions about public accountability and redundancy — a case of efficiency being superseded by cyber officialdom's efforts to expand its power. 

The controversial draft laws are now being vetted by the Council of State, the government's legal arm, before being forwarded to the National Legislative Assembly. Since the digital economy is one of Gen Prayut's top priorities, passing them into law is set to be a swift process. This should not be the case.

Given the serious threats from the new cyber laws to citizens' rights and business security, there needs to be sufficient time for thorough public input and hearings.

Following a public outcry, the Electronic Transactions Development Agency will organise a forum to listen to people's concerns today. This one-shot event is not enough. Nor piecemeal adjustments here and there.

It is wrong from the start to keep the drafting of such important laws with vast social, political and economic repercussions from public view. The process must be participatory and transparent at all levels. Any committees under cyber laws must be well represented by the civic and business sectors.

Thailand needs to join the global digital economy. But cyber security needs must be balanced with the rights of citizens and businesses.

If the government wants to realise its digital economy goals, these cyber laws must be amended.

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