Legal Measures for the Prevention and Suppression of Cyberstalking: A Study of Gaps in Thai Law and the Impact on Higher Education Students

Abstract

This research aims to examine and analyze patterns of technology-related criminal behavior, with a particular focus on cyberstalking and its impacts on Thai higher education students. It also analyzes the limitations and gaps in Thai law in comparison with foreign legal frameworks, in order to propose appropriate and concrete legal measures for the protection of youth.

            The findings reveal that technology-related crimes have become increasingly severe and complex, especially with the use of deepfake techniques, call center scams, online gambling, and cyberbullying, all of which significantly affect the mental health and safety of young people. In terms of cyberstalking behaviors—such as tracking individuals through geotagging or the use of fake identities (catfishing)—it is found that existing Thai laws, including the Computer Crime Act and Section 397 of the Penal Code, still have limitations in addressing conduct that primarily involves psychological harassment or persistent unwanted monitoring without clear physical harm. This differs from the legal frameworks of countries such as the United States, the United Kingdom, and Japan, where specific anti-stalking laws have been enacted to comprehensively cover both offline and online contexts.

            The researcher therefore recommends that Thai law be developed by explicitly defining cyberstalking as a distinct offense, either through amendments to the Computer Crime Act or the Penal Code. However, if legal amendments are constrained due to concerns over overcriminalization, Thailand may adopt the Japanese approach as a guideline. This would involve granting police authorities the power to issue preliminary “warnings” or “restraining orders” without requiring a prior court order, enabling immediate intervention to prevent escalation of harmful behavior. Furthermore, cyberstalking could be regulated under a specific legal framework as an offense distinct from general criminal offenses. This recommendation is consistent with the concept proposed by Attakorn Kanhanon regarding problems and approaches in developing criminal proceedings in stalking cases in Thailand