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Translation:Ordinance Issued Under Section 9 (No. 29), dated 29 July 2564 BE

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Ordinance Issued Under Section 9 (No. 29), dated 29 July 2564 BE (2021)
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62nd Cabinet of Thailand3714491Ordinance Issued Under Section 9 (No. 29), dated 29 July 2564 BE2021Wikisource
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Ordinance
Issued Under Section 9 of the Emergency Decree on
Public Administration in State of Emergency, 2548 BE,
(No. 29)

Whereas a state of emergency has been announced in every area throughout the Kingdom as from the 26th day of March 2563 BE[1] and the period of time for enforcement of the said announcement of state of emergency has later been extended for the 13th time until the 30th day of September 2564 BE;[2]

Whereas false information which may bring about fear to the public or which is intentionally distorted for causing misunderstanding or confusion to the public or for preventing the public from behaving correctly has been disseminated generally through various media, especially the internet, to the degree that has increased damage or serious incidents in the course of the state of emergency and affected the security of the State, violated other persons' rights and freedoms, [and impaired] the maintenance of order or good morals of the public or the maintenance of public health, thereby worsening the state of emergency that it has become more critical and necessitates measures for requiring the right and freedom of expression to be exercised in a manner reasonable, correctly conforming to facts, and responsible for the common peace of the society during such a state of emergency as this, according to the boundaries designated by the Constitution of the Kingdom of Thailand;

The Prime Minister issues the following ordinance by virtue of the power under section 9 of the Emergency Decree on Public Administration in States of Emergency, 2548 BE:

Article1.In the zones where the state of emergency has been announced, no person shall present news or distribute or circulate written material, printed material, or any other media containing information which may bring about fear to the public or is intentionally distorted for causing misunderstanding as to the state of emergency to the degree that affects the security of the State or the order or good morals of the public.

Article2.In the event that the information or news under article 1 is disseminated on the internet, the National Broadcasting and Telecommunication Commission Office ("NBTC Office") shall notify every person who has been licensed to provide internet service according to the law regarding the organisation for allocation of frequency and supervision of broadcasting and telecommunication business, and all of the persons so licensed shall bear the duty to check which of the IP addresses the said information or news is from. If it is an IP address under the service provided by any licensee, he shall notify the NBTC Office of the details as designated by the NBTC Office, and shall terminate the provision of internet service to such IP address immediately.

​The NBTC Office shall forthwith forward the details notified according to paragraph 1 to the Royal Thai Police Headquarters for further prosecution.

Any licensee who fails to follow paragraph 1 shall be deemed to fail to follow the conditions designated in the internet service provision licence and shall further be dealt with by the NBTC Office according to the law.

This shall come into force from the 30th day of July 2564 BE onwards.

Announced on the 29th day of July 2564 BE
General Prayut Chan-o-cha
Prime Minister

Notes

[edit]
  1. ↑ 2020 CE.
  2. ↑ 2021 CE.

Bibliography

[edit]
  • "Khokamnot Ok Tam Khwam Nai Mattra Kao Haeng Phra Ratchakamnot Kanborihan Ratchakan Nai Sathanakan Chukchoen Phoso Song Phan Ha Roi Sisip Paet (Chabap Thi Yisip Kao)" [Ordinance Issued Under Section 9 of the Emergency Decree on Public Administration in State of Emergency, 2548 BE, (No. 29)]. (2021, 29 July). Ratchakitchanubeksa [Royal Gazette], 38(Special, 170D), 1–2. (In Thai).

 This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.

Original:

This work is in the public domain worldwide because it originated in Thailand and is a work under section 7(2) of Thailand's Copyright Act, 2537 BE (1994) (WIPO translation), which provides:

7. The following shall not be deemed copyright works under this Act:

  1. news of the day and facts having the character of mere information, not being works in the literary, scientific or artistic fields;
  2. the constitution and legislation;
  3. regulations, bylaws, notifications, orders, explanations and official correspondence of the Ministries, Departments or any other government or local units;
  4. judicial decisions, orders, decisions and official reports;
  5. translations and collections of the materials referred to in items (1) to (4), made by the Ministries, Departments or any other government or local units.

Public domainPublic domainfalsefalse

Translation:

I, the copyright holder of this work, hereby release it into the public domain. This applies worldwide.

In case this is not legally possible:

I grant anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law.

Public domainPublic domainfalsefalse

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