RSUSSH 2020

IN20-146 Could Cyber Sexual Bullying Become a Crime? : The Threatening to Disseminate Private Sexual Images via Electronic Mails, A Case Study in Thailand.

Presenter: Nidawan Pawcsuntorn
Rangsit University, Thailand

Abstract

     Cyberbullying, is a form of harassment occurring via digital devices, such as mobile phones, computers, tablets in the multiple fashions, e.g. sending electronic mails, images, texts, hate speeches, rumors, etc., via social media— Facebook, Twitter, Instagram, etc. Cyber sexual bullying or sexting or sexual online, focuses on harassment of another individual in a sexually explicit manner, or to force an individual to disseminate his or her sexual or pornographic images or engage in activities which are sexual by nature. The purpose of cyberbullying is, on the one hand, to embarrass, terrify, or harass the victims. On the other hand, it can be for amusement or threatening for money. Statistics show that most victims are children and juveniles and, sometimes, adults. The impact on victims of cyberbullying was toward their psychological and behavioral health, such as social isolation, school dropout, depression, suicidal ideation, and suicide. For example, in South Korea, Sulli, a K-pop singer and actress, and in the U.S.A., Megan Taylor Meier and Jessica Logan, high school students, killed themselves as a result of cyberbullying. These spurred discussions on solutions to the problem in the society and, therefore, the legal punishment. The question is “Could cyberbullying case become a crime or have legal consequences?” The answer is “it depends on laws of the state and situations involved”. In Thailand, the Constitution of the Kingdom of Thailand guarantees the right to privacy of people, on the other hand, the privacy of the bullied persons in general. However, there is no specific law for cyberbullying which occurs in several forms. This paper aims to study Thailand Supreme Court Decision No. 1188/2561 showing some areas of laws could apply for some kinds of cyberbullying in specific cases and some extensions to the famous foreign cases. In this court decision, the victim had been threatened via electronic media to disseminate private sexual images online. According to the decision, it was a crime under Thailand Criminal Law but it does not constitute a crime under Thailand Computer Crime Act B.E. 2550. This paper also suggests that Thailand administration be aware of cyberbullying and, therefore, enact legislation to enforce and protect anyone from cyberbullying in schools and society

Keywords: Cyberbullying; Pornographic images; Sexting

Citation format:

Pawcsuntorn, N.. (2020). Could Cyber Sexual Bullying Become a Crime? : The Threatening to Disseminate Private Sexual Images via Electronic Mails, A Case Study in Thailand.. Proceeding in RSU International Research Conference, May 1, 2020. Pathum Thani, Thailand.

QUESTIONS & ANSWERS

ร.ต.อ.ดร.จอมเดช ตรีเมฆ (Chairperson)

 

What are the appropriate penalties to be considered?

Nidawan Pawcsuntorn (Presenter)

Thank you so much for your question A. Jonndaj.

Regarding the cyberbullying by blackmailing, in my opinion, the appropriate penalty should be higher than traditional blackmail under Thai Criminal Code Section 338 which is; “… shall be imprisoned as from one year to ten years and fined as from two thousand baht to twenty thousand baht.” This is because the dissemination of secrets by electronic means is more massive and fast. As a result, the damage of cyberbullied victims especially mentally is more severe and dreadful. In addition, the penalty should be considered higher if the victim is a minor, or that bully results in suicide, tragic consequences, or injure of a person.

However, there are various types of cyberbullying, other suggestions are to classify the bullying and make the appropriate categories of them for the appropriate kinds of penalty such as cyberstalking, masquerading, dissing, trolling, etc. I believe that if there are appropriate penalties and legal measures for all kinds of cyberbullying, it will help prevent the problem in society more efficiently.