Legal Problems Concerning the Protection of Children and Youth from Sexual Abuse on Digital Media

Abstract

This research consists purposes were 1. to study the concepts, theories, and principles related to protecting children and youth from online sexual abuse 2. to examine legal measures for protecting children and youth from online sexual abuse in Thailand and international jurisdictions 3. to analyze the problems concerning the protection of children and youth from online sexual abuse and 4. to explore legal guidelines to resolve these issues. This is a qualitative study utilizing documentary research methods, including textbooks, research papers, legal statutes and relevant domestic and international documents. Qualitative data were analyzed using content analysis. The research findings are as follows 1) Key concepts and theories include child rights and protection, the principle of the best interests of the child, situational crime prevention theory, digital consumer protection theory and the principle of technological neutrality 2) Legal measures should guarantee children’s online rights to be equivalent to their offline rights, emphasizing proactive personal data protection, the promotion of encryption systems and the recognition of the right to be forgotten. Measures must comprehensively cover online abuse and enhance the interception of digital evidence 3) Legal enforcement in Thailand faces limitations, as existing frameworks do not cover content generated by Artificial Intelligence (AI). There is a lack of specific offenses for online grooming, the liability of platform providers remains reactive, and there is no concrete mechanism for the right to be forgotten and 4) Legal guidelines for protecting children and youth from online sexual abuse suggest amending the Penal Code to expand the definition of child pornography, revising the Computer-Related Crime Act B.E. 2550 (2007) and amending the Criminal Procedure Code to recognize judicial authority in protecting the permanent right to be forgotten in cases of rights violations against children and youth on digital media.