Cybersecurity and Tyranny in Thailand

On an average day, Thai people spend seven hours and fifty minutes online (2024), a figure that is outdone by only nine countries globally. Such significant internet usage comes with its negative perks, especially regarding cybersecurity. The Thai population has become a popular target for online scams such as: false crypto investments, fraudulent financial transactions, phishing, fake romance relationships, and mule accounts used by money launderers.

This has led to 63.1% of internet users aged 16 to 24 expressing concerns about the reliability of content on the internet: what is real vs what isn’t. In response to the multiple cybersecurity cases, the Thai government has introduced a few solutions. A good example is the Thailand Computer Emergency Response Team (ThaiCERT), that monitors cyber threat risks, analyses related information, and issues alerts. Additionally, some legislation developments include the Cyber Security Act B.E. 2562 (2019) and the Royal Decree on Measures for the Prevention and Suppression of Technology Crimes B.E. 2566 (2023).

The National Cybersecurity Act gives the government broad authority to monitor people's internet activity, get access to their data, and prohibit websites without needing a court's permission. As a result, heated debate concerning the possible abuse of power and privacy violations allowed by these legal provisions have erupted, giving reason for concern about digital rights and civil liberties. According to a Freedom House assessment of the level of internet freedom in 72 countries globally, Thailand had a total score of 39 out of 100, qualifying as “not free”. The report goes further to state sixteen obstacles to access, fourteen limits on content, and nine violations of user rights.

In 2022, a Thai minister had admitted that the country uses surveillance software to track individuals in cases involving national security or drugs, amid revelations that government critics' phones had been hacked using the Israeli-made Pegasus spyware. Human rights groups, however, accused the government of using broad definitions of national security as justification to suppress activities of their main rivals, violating their civil rights.

A specific example is Jatupat Boonpattararaksa, a human rights activist commonly known as Pai Dao Din, who has been charged and imprisoned multiple times. On 9th March 2021, he was charged and imprisoned for ‘lese majesty’; known as the insulting of a ruler and equated to treason. On 3rd September 2024, Amnesty International filed an amicus curiae brief document filed by an entity that is not a party to the case but has interest in the outcome for Mr Boonpattararaska, whose phone was infected with Pegasus spyware three times between June and July 2021. The lawsuit alleged that the NSO Group facilitating the Pegasus use was targeting him and other Thai activists, violating their constitutional rights including that of privacy. The court, however, dismissed the case on the basis that there was insufficient evidence to prove that the device was infected, despite Amnesty International’s Security Lab performing an in-depth forensic analysis to identify the spyware infections.

This article highlights the interconnection between a nationwide cybersecurity issue and a government’s violation of individual constitutional rights. On cybersecurity, organizations in Thailand can incorporate protective measures including: having cybersecurity and data protection clauses in contracts and/or service level agreements with third-party vendors, and monitoring and auditing operations regularly to identify and address any potential weaknesses or compliance gaps. Individuals can incorporate using regularly updated software, having secure Wi-Fi networks, and enabling firewall and antivirus protection.

Alongside that, education to improve the Thai population's awareness on cybersecurity and privacy to reduce risks arising from carelessness and ignorance, through conducting regular cybersecurity awareness training, may be beneficial.

Support and protection of human rights defenders like Jatupat, and increased pressure through international diplomacy by international organizations and sanctions may help address the issue of civil rights violations by the government.

References

Online Scam Victims in Thailand Get More Help with New Law. (n.d.). Siam Legal. Retrieved January 7, 2025, from https://www.siam-legal.com/thailand-law/online-scam-victims-in-thailand-get-more-help-with-new-law/

Petrosyan, A. (2024, November 5). Time spent online worldwide by region 2024. Statista. Retrieved January 7, 2025, from https://www.statista.com/statistics/1258232/daily-time-spent-online-worldwide/

Thailand's cybersecurity snapshot: Current laws and emerging trends. (2024, July 3). Lexicology. Retrieved January 07, 2025, from https://www.lexology.com/library/detail.aspx?g=abb786e2-f9f4-4192-a364-046ab9f11bd5

Building a Safer Digital Future: Thailand’s Cybersecurity Initiatives – OpenGov Asia. (2024, October 19). Opengovasia.com. https://opengovasia.com/2024/10/19/building-a-safer-digital-future-thailands-cybersecurity-initiatives/

Statista. (n.d.). Topic: Cybersecurity and cybercrime in Thailand. Statista. Retrieved January 7, 2025, from https://www.statista.com/topics/11439/cybersecurity-and-cybercrime-in-thailand/#topicOverview

Statista. (n.d.). Topic: Cybersecurity and cybercrime in Thailand. Statista. Retrieved January 7, 2025, from https://www.statista.com/topics/11439/cybersecurity-and-cybercrime-in-thailand/#topicOverview

Reuters. (2022, July 20). Thailand admits to using phone spyware, cites national security. Reuters. https://www.reuters.com/world/asia-pacific/thailand-admits-using-phone-spyware-cites-national-security-2022-07-20/

Amnesty International. (2024, November 21). Thailand: Dismissal of landmark case a critical and alarming setback in fight against unlawful use of spyware. Amnesty International. https://www.amnesty.org/en/latest/news/2024/11/thailand-dismissal-of-landmark-case-a-critical-and-alarming-setback-in-fight-against-unlawful-use-of-spyware/