Digital Laws: Challenges in Adjustment of Media Practitioners in the Future

Abstract

        This research articles aims to study a situation of media freedom and digital law in Thailand compared to principles of international law, to listen to opinions from media professionals and relevant persons about challenges in working with freedom and digital law at present and in the future, and to create a guideline for improving digital laws to facilitate media operations, including creating a guideline for promoting media freedom to be consistent with current development of communication technology and digital laws in the future. The study was conducted based on a qualitative research design. An in-depth interview and document analysis were performed.  

        The study results revealed as follows: the meaning, definition, and types of digital law according to Ministry of Digital Economy and Society confused academics, lawyers, and media professionals. As for the operations of Thai media, it was found that there has been a challenge in working with freedom and digital laws since there have been threats to media freedom, legal restrictions on content production and presentation that may affect the image of government organizations. Meanwhile, digital laws contain general enforcement, not only the press. In order to improve the digital laws to support the operations of the press, they must be updated to cover all aspects. Digital laws should combine copyright protection and penalties should be adjusted to be similar to those of criminal laws. Today, some laws have harsher penalties than criminal laws based on similar offenses. It was found that digital laws were the government’s main tools. In addition, a guideline to promote the freedom of media was proposed to be consistent with the technological development of the press, namely, to promote media freedom to be in harmony with the technological development of the press, knowledge of the fundamental rights and freedom, including promoting and protecting the benefits of media producers.