Today, Snow White listened to Dr. Srida of ThaiHotline.org and Prosecutor Mark give insights to the harms children experience online and the current version of the Child Online Protection Act (COP Act) drafted to protect children from such harms.
Dr. Srida Tantaatipanit, Director of Internet Foundation for the Development of Thailand (ThaHotline.org), shared information gathered from Thai and international research reports. She emphasized the need to act, having worked with a multidisciplinary team of experts several years ago to draft the COP Act.
Prosecutor Mark then explained the extensive and intricate considerations involved in drafting the COP Act. He covered the main offenses (shown in one of the photos) and presented cases to help the public understand the necessary considerations.
The public participants then asked practical questions, some of which are noted below.
Some Questions from the Audience:
Are A.I.-generated sexual depictions of a child considered an offense?
Yes, sexual images of a child created by means of artificial intelligence is currently considered an offense by the Thai Penal Code, as are drawings or computer graphics of sexual depictions of a child.
What about unintentional filming of a child by something like a CCTV camera?
The Thai law involves the aspect of intent for exploitation/sexual purposes, so the unintentional filming example given by the audience participant would not be considered an offense.
Request from Prosecutor Mark to those researching the issue of grooming:
Study the elements of grooming that would be and would not be considered criminal and study the Thai mindset of criminality, which is still stuck at waiting until a target/ victim is physically touched and even physically harmed before the act is considered an offense.
What about sexual material of a child created by a child between the ages 12-15?
There are offenses of possession and of sharing CSAM. Although these acts are considered offenses even if committed by a child, children in conflict with the law would follow the juvenile justice pathway, unlike adult offenders.
Other questions asked included the possibility of sections of this Act being exploited to persecute innocent people, the exposure of CSAM of a victim multiple times throughout the reporting and criminal justice process, appropriate handling of CSAM, and the need to train frontline officials on victim-centered/child-friendly/child-rights practices.
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