Thailand: Adopted updated procedures for notifying, suspending the dissemination, and removing illegal computer data from service providers' systems (B.E. 2565)

On 26 October 2022, the Ministry of Digital Economy and Society (MDES) adopted the updated procedures for notifying, suspending the dissemination, and removing illegal computer data from service providers' systems (B.E. 2565). The procedures provide clear definitions of key terms such as "computer system," "computer data," "service provider," "user," "social media," and "illegal data location. Service providers and social media platforms that adhere to the notice and takedown policy are exempt from penalties for cooperation or consent to illegal activities under Section 15. Furthermore, the notification process requires service providers to have a clear notice and takedown policy that allows users to report illegal computer data. Providers must then promptly remove or block the reported data. Competent officials have the authority to issue orders to service providers to remove illegal data and ensure compliance with the set procedures. Non-compliance can result in penalties and further legal action. Service providers can appeal against takedown orders within 30 days. In addition, competent officials or the Permanent Secretary of MDES can review and revoke orders based on new evidence or changes in the law. Coordination with regulatory bodies such as the National Broadcasting and Telecommunications Commission (NBTC) is essential for enforcing these measures and preventing the spread of illegal content. The updated procedures entry into force 60 days after the publication in the Government Gazette.