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Prohibition for Telephone or Other Communication Devices Tapping - Announcement of the Council for Democratic Reform No. 21 - [2006] THCDR 21 (24 September 2006)

Official translation

Announcement of the Council for Democratic Reform
No. 21
Re: Prohibition for Telephone or Other Communication Devices Tapping

Whereas during the past time, there was illegal tapping for, and illegal utilisation or disclosure of, any statement communicated through telephone or other communication devices which violates liberty of individual in communication and causes suspicion among people who use communication devices.

In order to protect liberty of individual in legal communication and to maintain public order and peace, the Council for Democratic Reform, therefore, announces as follows:

Clause 1. Whoever conducts tapping, utilise or disclose any statement communicated through telephone or other communication devices without legal authority shall be liable to imprisonment for a term of not exceeding five years or to a fine of not exceeding one hundred thousand Baht, or to both.

Clause 2. Whoever acknowledges any statement derived from the offence under clause 1 and utilises or discloses such statement to another person without legal authority shall be liable to imprisonment for a term of not exceeding five years or to a fine of not exceeding one hundred thousand Baht, or to both.

Clause 3. Whoever employs another person to commit the offence under clause 1 or clause 2 shall be liable to twice heavier penalties than those prescribed for the offence under clause 1 or clause 2, as the case may be.

Clause 4. If the offender is the licensee to provide telephone or communication services or the concessionaire to provide such services, the offender shall be liable to the punishment as prescribed for the offence under clause 1 or clause 2, as the case may be, and its license or concession shall also be terminated.

This Announcement shall come into force as from the date of its publication in the Government Gazette.

Given on the 24th Day of September B.E. 2549

(Sign) General Sonthi Boonyaratkalin
(Sonthi Boonyaratkalin)
Chairperson of the Council for Democratic Reform

Certified Translation

(Mr. Chukiert Ratanachaichan)
Permanent Law Councillor
Acting for Secretary-General of the Council of State