NEWS

2023.09.28

【Report】 Asia-Japan Academic Lectures on “New Developments in Cyber Law in South Asia: From the Perspective of Thailand” was held!

On Friday, May 19, 2023, the Asian-Japan Academic Lectures was held under the title “New Developments in Cyber Law in South Asia: From the Perspective of Thailand.” This seminar was jointly organized by the of Asia-Japan Research Institute and the Faculty of Law, both placed at Ritsumeikan University.

For this seminar, Dr. Lasse Schuldt (Assistant Professor, Faculty of Law, Thammasat University) and Dr. Papawadee Tanodomdej (Lecturer, Faculty of Law, Chulalongkorn University ) were invited from Thailand to make lectures about their research.

Below is a summary of each lecture.

As the first part of this lecture series, Associate Professor Lasse Schuldt gave a presentation titled “Responses to Fake News in Southeast Asia: Anti-falsehood Legislation and Impact on Freedom of Expression.” His lecture began by addressing the question of what fake news is in the first place, followed by talks on anti-fake news legislation in Southeast Asia, Malaysian measures on fake news (not yet in effect), and laws in Singapore and Thailand on false labeling and manipulation on the Internet, with local news. Next, he discussed whether fake news deserves protection regarding freedom of expression or free speech.

The lecture included a host of information, but the presentation was easy to understand, emphasizing students’ understanding, and the discussion was conducted in a congenial atmosphere. Some questions showed a much better understanding of participants, such as whether the state or social media regulates fake news, the criteria for determining whether a statement is false, and who bears the burden of proof for making a false statement.

On the first issue, Dr. Schuldt answered that there were three joint responsibility layers: individuals, state, and social media. With respect to the second issue, he showed the difference between criminal and civil/administrative cases. On the third issue, he emphasized that the central problem is misleading information, where freedom of expression should be considered.

Dr. Schuldt delivering his lecture

In the second part of this lecture series, Dr. Papawadee discussed the evolution of international law regarding the use of force in the context of cyber operations. Cyber operations have become increasingly critical in international relations, especially when they target a state's critical national infrastructure and have the potential to cause injury, loss of life, or extensive damage to property. The 2013 report of the United Nations Government Experts on Development in the Field of Information (UN GGE) does not provide clarity on the application of Article 2(4) of the UN Charter to cyber operations. The most widely accepted method for comparing cyber operations to the use of force is the “scale and effect” framework proposed by the International Group of Experts in the Tallinn Manual 2.0.

She proposed that cyber operations should be considered a form of force when their scale and effect are comparable to those of kinetic force. She emphasized that analyzing “territorial integrity” in the context of cyber operations is a challenging issue, as states still hold differing views on sovereignty in cyberspace.

Several questions have been raised regarding the practical implications that may arise from variations in definitions and standards across different countries or organizations. During the discussion, Professor Shinichi AGO posed a critical question regarding the proposed approach. The participants agreed that it was important to continue the discussion.

Dr. Papawadee making her lecture

Attendees for this lecture series

Commemorative photo with Dr. Schuldt and Dr. Papawadee (From left: Professor Makoto HIZUME, Associate Professor Megumi OCHI, Dr. Papawadee, Dr. Schuldt, Professor Yasushi KOSUGI, Professor Shinichi AGO)