Proposed Law
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Rough Translation of the Internet Promotion Act.
Precise translation of any law in Thai language into English or any other languages requires the services of highly expert translators, which will be provided after the act comes into effect.
The English version below is a rough translation for the purpose of discussion only. In case of conflict of any meaning in the English and the Thai versions, the Thai version is the correct one.
Article 1.
This Act is named The Internet Promotion Act of.
Article 2.
This Act is enforceable the day after it is published in the Royal Gazette.
Article 3.
Any other law, rules and regulations contradicting to the one in this Act is superceded by the one in this Act.
Article 4.
The following definitions are used in this Act:
"Computer" is (same as in the Copyright Act).
"Internet" is a worldwide network of computers connected with TCP/IP.
"Internet Service Provider" means a commercial unit offering Internet connection having its own leased circuit connecting to another country.
"Internet Content Provider" means a commercial unit providing Internet content.
"Internet user" means one who uses the Internet.
"Fund" means the Internet Promotion Fund.
"Domain name" means a name registered in the Internet so that it can be used to refer to a page or pages of information on the Internet.
"Committee" means the Internet Promotion Committee.
"Registrar" means the person appointed by the Minister to be in charge of registration.
"Minister" means the Minister in charge of enforcing this Act.
Article 5.
The Internet Promotion Committee is appointed by the Minister consisting of 25 persons.
The Permanent Secretary of Communications is the Chairman.
The Deputy Permanent Secretary of Communications is the Deputy Chairman.
The Minister appoints one representative each from the following organizations as members:
Ministry of Science, Technology and Environment;
Ministry of Education;
Ministry of University Affairs;
Ministry of Commerce;
Ministry of Finance;
National Economic and Social Development Board;
Telephone Organization of Thailand;
Communications Authority of Thailand;
Thai Chamber of Commerce;
Association of Thai Industries;
and Thai Bankers Association.
The Minister appoints one Internet expert each from:
Internet Society Thailand,
Computer Association of Thailand,
Telecommunications Association of Thailand,
Internet service providers,
Internet content providers,
government universities,
private universities,
government junior colleges,
private junior colleges,
government schools,
and private schools.
The Deputy Director General of the Post and Telegraph Department serves as a member and secretary.
Article 6.
The qualifications of the Internet expert are:
Thai national.
Not below 25 years old.
Bachelor's degree or higher.
Is a member of an Internet center or is an Information Technology supervisor from government or private sector or one with at least two years of experience on Internet software or hardware.
Has not been declared bankrupted by the court.
Has not been sentenced to a jail term except for minor offense.
Article 7.
The term of office of the Internet expert is 3 years.
When the term of the Internet experts expires, new Internet expert must be appointed within 60 days. During the time new experts have not been appointed, existing members must perform the duties. An Internet expert whose term has expired may be re-appointed.
Article 8.
In addition to completing the term as stated in Article 7, an Internet experts term also ends when he:
(1) dies.
(2) resigns.
(3) is voted by at least two third of the members of the Committee that he is negligent to his duty.
(4) is ruled by the court to be incompetent
(5) lacks the qualifications in Article 7.
In case the position of an Internet expert is vacant, the Minister must appoint a new Internet expert to serve the remaining term.
Article 9.
The forum for the Internet Promotion Committee is at least half of the number of all members.
In a meeting, if the Chairman is not present, the Deputy Chairman is to serve as the Chairman of the meeting. In case both the Chairman and the Deputy Chairman are not present, the meeting must elect a member to serve as the Chairman of the meeting.
In making decision, the meeting will use simple majority. Each member has one vote. If there is a tie, the Chairman may cast the deciding vote.
There are many forms of business organisation such as sole proprietorships, partnerships, branch offices, limited companies and public companies, provided for under Thai Law. We arrange for registration to comply with all legal requirements in Thailand and it normally takes about 3 to 5 weeks. Before we can proceed we require a list of documents and information from you.
Article 10.
The Internet Promotion Committee is responsible to:
1. Promote the establishment of Internet service and usage as public utilities for corporates and individuals.
2. Promote the use of Internet in education, economic, social and cultural activities.
3. Promote research and development of Internet.
4. Promote academic activities and applications of Internet.
5. Promote Internet human resource development.
6. Establish the annual National Internet Day.
7. Establish the Center for Excess Internet Equipment obtained from government and private sources for distribution to low-income schools.
8. Establish the Center for Internet Software Information.
9. Establish a national Internet backbone.
10. Establish Netiquette guidelines.
11. Perform any other duties to promote Internet activities.
Article 11.
The Committee appoints a Subcommittee for Emergency Incident Response, a Subcommittee on Domain Name Registration, and any other Subcommittee necessary and desirable to promote Internet.
In the meeting of a Subcommittee, the rules in Article 9 are applicable.
Article 12.
The Subcommittee for Emergency Incident Response has the following duties:
(1) Arrange training for Internet emergency incident response.
(2) Issue warning to Internet Service Provider and Content Provider when the Subcommittee find that their servers might have been or are being hacked.
(3) Collect evidence of hacking to be used in court cases.
(4) Any other duties assigned by the Committee.
Article 13.
The Subcommittee on Domain Name Registration has the following duties:
(1) Collect and make publicly available a list of domain names registered in Thailand, registered abroad but from Thailand, and registered abroad but is concerned with Thailand.
(2) Coordinate the registration of the sub-domain names under ".th".
(3) Any other duties on domain registration assigned by the Committee for the purpose of promoting Internet.
Article 14.
Internet national backbone is to be established with the map made publicly available.
Article 15.
On Internet activities, government unit cannot act discriminatingly between government and private educational institutions.
Low-income schools, no matter public or private, get equal Internet-related treatment from government and semi-government units .
Article 16.
Encryption is allowed to be used freely without having to deposit the key with any authority except in case of court order.
Article 17.
Electronic commerce with credit card and other financial transaction are allowed on the Internet.
Article 18.
The Fund for Internet Promotion is to be established as a legal entity with the following objectives:
(1) To promote Internet access in both government and private educational institutions reporting to the Ministry of Education and Ministry of University Affairs.
(2) To promote research and development of Internet hardware, software and applications.
(3) To promote Internet human resource development.
(4) To promote the activities of the Center for Excess Internet Equipment.
(5) To promote the activities of the Center for Internet Software Information.
(6) To promote the activities of the Subcommittee for Emergency Incident Response.
(7) To promote the activities of the Subcommittee on Domain Name Registration.
Article 19.
The sources of Fund for Internet Promotion are:
(1) Government budget.
(2) Donation from Telecommunications infrastructures service providers. This amount is tax deductible if it is not more than one percent of income of the provider making the donation.
(3) Donation from Internet service providers and content providers. This amount is tax deductible if it is not more than one percent of income of the provider making the donation.
(4) Donation from any other sources. This amount is tax deductible if it is not more than one percent of income of the one making the donation.
Article 20.
The Center of Excess Internet Equipment accepts donation of equipment from public and private sector and make the equipment available to government and private educational institutions lacking budget.
Article 21.
The Center for Internet Software Information collects information about Internet software and make it available to the public free of charge through the Internet.
Article 22.
Every person has his freedom in accessing the Internet.
Article 23.
Internet is public utility for which the state must promote the availability throughout the country for the benefit of the public.
Providers of telecommunications infrastructures must provide services to non-Internet and Internet users and providers without discrimination.
Article 24.
Anyone wishing to provide Internet services or content for commercial purpuse must register with the registrar.
The registrar must post the information about the commercial Internet service and content provider on a list on the Internet within ten days from the date he receives the request for registration.
This registration is for the purpose of making available the list for public information and not for the purpose of licensing. The license, if required by another law, must be done according to that law.
Article 25.
Information on the Internet may be used as court evidence. Rules and regulations on this evidence are to be determined by the court.
Article 26.
Printout of information from the Internet may be used as court evidence. Rules and regulations on this evidence are to be determined by the court.
Article 27.
The Minister of Communications is in charge of enforcing this Act. |
