Sending Explicit Emails Cyber Crime ?

[zanemay]

Does anyone have any real idea what this new law applies to, that is, what the intent really is? If an explicit photo is emailed privately is that now a cyber crime? It seems that this would criminalize a huge amount of email and internet activity, and I'm not talking about putting photos on porn sites, just private email between friends. I'm thinking this may be as arbitrary as the whim of any investigator having a slow day.

 

Who is the rape victim? The person receiving the email, or the person who is the subject of it, for example, a woman in a photo?

 

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Sending unwanted sexually explicit emails would be punishable by a year in prison and a 20,000 baht fine under changes to the country’s rape laws under consideration by the government.

For the first time, the criminal code governing physical assault will gain clauses that punish virtual sexual harassment, such as posting photographs or videos of a sexual nature on the internet or sending them via email. Electronic sexual harassment from superiors would also become a crime. Such crimes have previously been punishable under the country’s cyber crime and pornography laws.

At an Aug. 14 hearing in Bangkok, the Ministry of Social Development & Human Security also heard public reaction to other proposed changes to Thailand’s rape laws that add further protections for children, the elderly, pregnant women and the mentally or physically disabled. Additional proposals would set stiff punishment for rape involving transsexuals.

Ministry Inspector-General Somchai Charoen-Amnuoysuk said the proposed additions to the criminal code protect entire classes of people, including society’s most vulnerable citizens who cannot fend off sexual predators, such as the elderly or mentally ill. The draft bill to be submitted to the Cabinet would increase jail sentences by 33 percent.

[Redbaron]

The way I read it is that if the email was "unwanted" by the receiver it could be treated the same as sexual harrassment. Eg in the workplace: If it was between two likely lads - all ok; but from a guy to a girl who doesn't want to see the pics - would be regarded as harrassment.