The Legal Problem Under the Computer Crime Act B.E. 2550 Amendment (No. 2) B.E. 2560: Study Creating Faith or Beliefs Related to Theravada Buddhism

Abstract

This research examines the relationship between the formation of faith and religious beliefs in Buddhism and the enforcement of the computer-Related Crime Act (No. 2) B.E. 2560 (2017), particularly in relation to the dissemination or distortion of information that may affect religious beliefs, public morality, and freedom of expression. The study had four objectives: (1) to examine concepts and theories concerning the formation of Buddhist faith and religious beliefs, as well as concepts relating to computer-related offenses; (2) to examine relevant Thai and foreign laws and Supreme Court judgments; (3) to analyze and compare these principles with the provisions of the Computer-Related Crime Act (No. 2) B.E. 2560 and other relevant laws; and (4) to propose recommendations for improving the legal framework to ensure its appropriateness and compatibility with the digital social context. The study employed a qualitative research approach using documentary research. The data sources comprised primary documents, including the Constitution, statutes, codes, ministerial regulations, and relevant Supreme Court judgments, as well as secondary sources, including books, textbooks, academic articles, research studies, and legal documents from Thailand and other jurisdictions. The research instruments consisted of a document-recording and analytical framework. Data were analyzed using content analysis and comparative legal analysis.

The findings indicate that the Council of Europe Convention on Cybercrime 2001 (Budapest Convention) constitutes an important international framework for protecting computer systems and data and facilitating international cooperation. Nevertheless, Thai law remains subject to limitations concerning the definition and interpretation of criminal elements relating to the distortion or dissemination of information that may affect religious beliefs, particularly where a balance must be achieved between the protection of morality and social values and the constitutional right to freedom of expression. The study therefore recommends clarifying the relevant legal criteria and emphasizing demonstrable harm arising from unlawful conduct. The application of criminal law principles and proportionate preventive measures should also be strengthened to address potential harm to society while maintaining the principles of the rule of law, fundamental freedoms, and the realities of the digital society.