Rights groups blast Thailand for lack of action on child porn
LONDON: A gap in the Thai penal code is fuelling “an environment of impunity” on the streets of Bangkok and leaving distributors of child pornography free to operate without fear of apprehension, rights groups say.
“The absence of a specific law against child pornography has concrete consequences for the protection of children,” said Eleonore Dziurzynski, public education and communications officer of child rights network ECPAT international, in a statement October 11.
Legal measures to combat child pornography are embedded in Article 287 of the Thai penal code, which prohibits producing, possessing, importing and circulating obscene material for public distribution, commercial purposes or both.
“Due to the broad interpretation of the term ‘obscenity’, which is not defined, the law serves as a catch-all that provides no clear indication that it covers child pornographic images,” added Dziurzynski.
Under Thai law, selling pornographic material is a criminal offense with a maximum penalty of three years behind bars and a maximum fine of 6,000 baht (£130).
“The lack of a clear legal mandate creates a situation where child pornography can be sold and purchased in the public space without consequence.”
Members of the public have reported that vendors along busy Sukhumvit Road in Bangkok are openly selling DVDs and VCDs of child pornography for as little as 80 baht (£1.60) a disc.
One Thai and two Burmese nationals were arrested October 12 for allegedly selling child pornographic material on Sukhumvit Road, but observes say the authorities are not doing enough to get beneath the surface of the issue.
“The sale of such material is a blatant and serious violation of children’s rights, and it must not be tolerated for another day,” said Tomoo Hozumi, representative in Thailand of the UN Children’s Fund.
Authorities should investigate where and how these videos are being produced and distributed in Thailand, added Hozumi.
Chariya Phongvivat, Plan Thailand’s child rights adviser, said arrests must not end at raids on market stalls.
“There have been arrests before. The police traced back to the sources, which are usually in Pattaya and Chiang Mai. They distribute the porn mainly through websites with paid members. The children are usually trafficked, homeless or marginalized, such as those living along the border,” she said
Despite social media coming alight with comments from furious members of the public, media coverage of the issue has been minimal and observers have reported that child pornography is still openly on sale in Bangkok and other major tourist cities, such as Pattaya.
Rights groups have now called for the general public to stay vigilant, despite measures by authorities to protect children from violations remaining insufficient.
“What can people do is they see this on the street? They can notice and let others know,” said Laurence Gray, World Vision’s regional advocacy director for Asia-Pacific. “They can also engage with groups working for an alternative future for child and their communities. Avenues are available for donation of time, resources or support needed to bring change.”
For more information visit www.ecpat.net