In this submission, Manushya Foundation, GirlXGirl, Tamtang Foundation, Young Pride Foundation, Buriram Plod-Aek, Mokeluang Rimnam and the Thai CSOs Coalition for the UPR examine Thailand’s persistent failure to protect freedom of expression, access to information, and digital rights, in light of recommendations accepted during the third UPR cycle (2021), highlighting critical gaps, inaction, and an accelerating regression that has led to the criminalisation of thousands.

 

During the third UPR cycle, Thailand received at least 44 recommendations related to freedom of expression and freedom of peaceful assembly and association, of which it supported approximately half, including nine recommendations specifically addressing digital rights. These included calls to enact a data protection framework consistent with principles of necessity and proportionality (51.93), prevent the misuse of cyberspace (51.94), and ensure that laws do not unduly restrict freedom of expression and peaceful assembly (52.49). Thailand also supported general recommendations to align its legal framework with international human rights standards (51.87, 51.88, 51.89, 51.91, 52.54, 52.55). However, all accepted recommendations remained broad in nature, while more specific recommendations calling for reform or repeal of the Computer Crimes Act and Section 112 (lèse-majesté) were merely noted.

 

During the period under review, Thailand has continued to weaponise the Computer Crimes Act, criminal defamation, Section 112, and to a lesser extent Section 116 (sedition) against individuals exercising their right to freedom of expression online. The data protection framework has also fallen short of international standards in both scope and enforcement. This regression is reflected in Thailand’s continued classification as “Not Free” for five consecutive years in the Freedom on the Net reports by Manushya Foundation and Freedom House, underscoring the sustained deterioration of online civic space. 

 

This submission is structured as follows:

• Section 2 examines the legal and policy framework governing freedom of expression and digital rights; 

• Section 3 addresses online censorship and platform regulation; 

• Section 4 documents the targeting of human rights defenders and the use of surveillance and transnational repression; 

• Section 5 analyses data protection, disinformation, and artificial intelligence; and 

• Section 6 sets out recommendations