Problems of Law Enforcement on the Offence of Possessing Child pornographic Media

Abstract

            In this thesis, the researcher has the objective to provide protection for children. The researcher studies the problems of law enforcement regarding child pornographic media. The researcher investigates guidelines for law enforcement in Thailand and foreign countries, as well as international conventions, international cooperations, and other international laws related to child pornographic media. The researcher seeks for guidelines to solve the problems of law enforcement related to child pornographic media to be appropriate for current situations.

            Legal provisions related to child pornographic media currently enforced in Thailand pose defects and problems in the interpretation of the definition of child pornographic media. The meaning is too broad so it lacks clarity. The provisions for the offence of the possession of child pornographic media with a special intent in the possession affect law enforcement. The problem is also in a child’s age that is prescribed without determining an exception regarding the child’s reaching his/her legal age previously in accordance with the law enforced on the child. This problem is against the Convention of the Rights of the Child 1989 and the determination of the liabilities of Internet service providers in cases where the data of child pornographic media are stored in servers abroad.

            From the study, the researcher proposes an amendment to the definition of child pornographic media. An amendment should also be made to the provision for the offence of possessing child pornographic media to make the definition clearer and have more thorough coverage. In order to decrease the problems for the enforcement of the law for the offence of possessing child pornographic media, an exception should be determined regarding the child’s age. The criminal penalty rate should be determined to be appropriate for the severity of the offence. International cooperation should be determined to ensure that the law enforcement for the offence of possessing child pornographic media becomes more efficient