The Guidelines set forth below are applicable to all Advertisement Services and any other Services used by Partner for advertisement purposes. 

All advertisers have duties to comply with the relevant laws and regulations as well as the following general criteria for advertising any merchandise or service on LINE TV, LINE Voom, and/or any other platforms (as the case may be).

 

The Consumer Protection Act, B.E. 2522 (1979), as amended (“CPA”) prohibits the content of the advertisement which contains the following characteristics:

• false or exaggerated statements (unless it is publicly known that such statements definitely cannot be true); 

• a statement that may lead to a material misunderstanding concerning the product or service, regardless of whether it was through application of, or reference to, technical reports, statistics, or anything untrue or exaggerated;

• a statement that directly or indirectly encourages the commission of an unlawful or immoral act, or which adversely affects the national culture;

• a statement that will cause disunity or adversely affects the unity of the public; or

• too certain statements or overstatements including “the best,” “the first,” “only one in the world,” “instantly,” “immediately,” “World’s first” and “100%”.

• a statement which refers to or contain the marks or emblem in relation to the King, Queen or members of the Royal family without official permission.

• an advertisement of products or services granting prizes or gifts which have not yet been permitted by the regulatory authority. 

• an advertisement of any land and building which have been constructed for a condominium but have not yet been registered as a condominium with the regulatory authority. 

• others which has been or will be prescribed in the relevant Ministerial Regulations Violation of the CPA can be subject to imprisonment of up to six months and/or fine of up to THB 100,000. Those who commit the same offence can be subject to the imprisonment of up to one year and fine of up to THB 200,000.

Act on Commission of an Offence relating to Computer, B.E. 2550 (2007) as amended, also commonly known as the Computer Crimes Act (the "CCA") prohibits the dissemination of content with the following characteristics into the computer system including the Internet or other online channels:

• Distorted or false content which is likely to cause damage to the general public with malicious intent;

• Distorted or false content which is likely to cause damage to any person with malicious intent;

• False content which is likely to cause damage to the national security, public safety, national economic stability, or infrastructure for the public benefit, or cause panic to the general public;

• Content that constitutes a criminal offense relating to national security, terrorism, the royal family, and the relationship with foreign nations, as prescribed under the Penal Code;

• Content that constitutes a criminal offence under the law relating to intellectual property;

• Content, in its character, which is contrary to Thai public order or the good morals; and

• Obscene or pornographic content.

Violation of the Computer Crimes Act carries imprisonment maximum combined penalty of up to five years' imprisonment and/or THB 100,000 fine.

• The Child Protection Act B.E. 2546 (2003), prohibits the advertisement or dissemination of any information on a child which intends to: (a) cause damage to the mind, reputation, prestige or any other interests of the child: or (b) which seeks benefits for oneself or for others in an unlawful manner. Violation is subject to imprisonment of up to six months and/or fine of up to THB 60,000.

• The advertisement shall not display, use, refer to or advertise the name, logo, brand, trade name, trademark, copyright, patent, and/or any other intellectual property without the permission or consent of the right holders, unless otherwise permitted by the applicable law. 

• The advertising materials presented in "exposing", "seducing" or "nude" manners or containing sexual innuendo, including pictures exposing skin and nudity, promoting should be regarded as erotic advertisement. Erotic advertisement should be avoided as it may be deemed to be contrary to public order, good moral and national value in Thailand.  

• LINE has its sole discretion to consider and approve the content of advertisements which may contain erotic content or it could potentially be contrary to public order, good moral and national value in Thailand.

Images, video, music or music videos of third parties or belongs to the third parties, either individuals (including person or group of person) or organizations (including business entities), should not be used or contained in the advertisement unless permitted or authorized by such person or legitimate right holders.

The Prevention and Suppression of Prostitution Act, B.E. 2539 (1996) (the “Prevention and Suppression of Prostitution Act”) prohibits the advertising of prostitution, especially if the content can lead to inducement or solicitation for prostitution.

Violation of the Prevention and Suppression of Prostitution Act carries imprisonment term between six months and two years and/or fine at the amount between THB 10,000 and 40,000.

The Advertiser is required to comply strictly with the relevant laws and regulations as well as the following criteria set forth for the advertisement of specific products or services on LINE TV or LINE Voom and/or any other platforms.

The Tobacco Product Control Act, B.E. 2560 (2017) prohibits all types of advertising, marketing communications, or promotion of tobacco products, including products containing nicotine. The display of names or marks of tobacco products, names or marks of manufactures or importers of tobacco products, or any other symbols or indications, which identify tobacco products to the public, for advertising or promotional purposes, are also prohibited. Violation is subject to criminal liabilities, including imprisonment of up to six months and/or a maximum fine of THB 500,000. Higher penalties apply if the violation is committed by the manufacturer, importer or exporter of tobacco products, the advertiser or the marketing communications provider. 

 

The advertisement must not contain any obscenity content – the dissemination, distribution or advertising of obscenity is a criminal offence that carries a maximum imprisonment penalty of up to three years and/or fine of THB 60,000.

The advertisement must not contain child obscenity content (age below 18 years old). It is a criminal offence that carries an imprisonment penalty of between three and to years and/or a fine at the amount between THB 60,000 and 200,000.

Advertising of adult products that constitute “medical devices” under the Medical Devices Act, B.E. 2551 (2008) (“Medical Devices Act”), is subject to strict regulation by the Food and Drug Administration (FDA), including, but not limited to, condoms and other birth control products, products that enhance human reproduction and products that assist or compensate for disabilities. Advertising of adult products that are considered “medical devices” must be approved by the FDA. An FDA advertising license is valid for 3 years from the issuance date. Use of false or exaggerated statements, or statements that would cause misconception of the product, is prohibited. 

Penalties:

- Advertising of medical devices without FDA approval is a criminal offense, which is subject to imprisonment of up to six months and/or a maximum fine of THB 50,000. 

- Use of prohibited statements in advertisements of medical devices is subject to imprisonment of up to one year and/or a maximum fine of THB 100,000. 

 

Advertising of drugs that can interfere with drug tests is subject to the Drug Act, B.E. 2510 (1967) (“Drug Act”). According to the Drug Act, only “household remedy” products can be advertised to the general public. Also, FDA approval of the advertisement is required for drug advertising by means of radio, television, motion picture or film, or though printed publication, including advertising through internet and electronic means. Moreover, the Drug Act requires that a drug advertisement must not exaggerate the product’s therapeutic properties or ingredients as being miraculously or completely capable of treating, mitigating, curing, or preventing a disease or illness, must not be false or exaggerated with regard to therapeutic properties of the product, and must not be misleading with regard to active ingredients or components of the product. Violation is subject to a maximum fine of THB 100,000. 

Various detoxifying products that are taken orally to interfere with drug tests would be considered “food”, which is governed by the Food Act, B.E. 2522 (1979) (“Food Act”). The Food Act expressly prohibits false or deceptive advertising of the benefits, qualities or properties of the food. Violation is subject to imprisonment of up to three years and/or a maximum fine of THB 30,000. Further, the Food Act requires that the advertising of the benefits, qualities or properties of a food product, for commercial purposes, must be approved by the FDA. Violation of this requirement is subject to a fine of not more than THB 5,000.

Certain types of products which interfere with drug tests may fall within the meaning of “medical devices” under the Medical Devices Act. Use of false or exaggerated statements, and statements that would cause misconception of the product, is prohibited under the Medical Devices Act. Violation is subject to imprisonment of up to one year and/or a maximum fine of THB 100,000. Moreover, advertising of a prohibited medical device (e.g., counterfeit, non-compliant with standards, deteriorated, unsafe, etc.) is subject to imprisonment of up to two years and/or a maximum fine of THB 200,000.

Other products which interfere with drug tests that are not governed by specific laws (such as the Drug Act, the Food Act and the Medical Devices Act) would be subject to the (general) advertising regulations under the CPA. The CPA mandates that an advertisement must not contain statements that are unfair to consumers or statements that may be detrimental to society as a whole, including, without limitation, false or exaggerated statements, statements that may lead to a material misunderstanding concerning the product, or statements that directly or indirectly encourage an illegal or immoral act, or which adversely affect the Thai culture. Violation is subject to imprisonment of up to six months and/or a maximum fine of THB100,000.

 

1. The advertisement which contains content which has not been recognized by the Constitution or not expressed with honesty or legitimate criticism in order to: 

(1) cause alteration in the laws of the State or government by the use of force or harm, 

(2) raise unrest or disobedience among the public in the way that may potentially cause disturbance in the country, or

(3) cause the public to violate the laws of the state

Penalties: the imprisonment of not more than seven years.

2. The advertisement containing the content which defames, insults, or threatens the King, the Queen, the Heir-apparent, or the Regent.

Penalties: the imprisonment of not more than seven years.

 

The Narcotics Act, B.E. 2522 (1979) prohibits the advertising of narcotic drugs for commercial purposes (limited exceptions apply with regard to direct advertising to medical practitioners, if approved by the FDA) and treatment of a narcotic addict. Violation is subject to maximum combined criminal penalties of up to two years' imprisonment and a fine of THB 20,000–200,000.

The Psychotropic Substances Act, B.E. 2559 (2016) prohibits the advertising of psychotropic substances for commercial purposes (limited exceptions apply with regard to direct advertising to medical practitioners, if approved by the FDA). Violation is subject to maximum combined criminal penalties of up to two years' imprisonment and a fine of THB 20,000-200,000.

 

Advertising or promotion of “miracle cures” that purport to be completely capable of curing, mitigating, treating, or preventing a disease or illness are prohibited by the Drug Act, B.E. 2510 (1967) (“Drug Act”). Also note that certain medicines only, which are categorized as “household remedies”, can be advertised to the general public. Any medicines that are categorized as “dangerous drugs” or “specially controlled drugs” under the Drug Act cannot be advertised to the general public. Moreover, FDA approval of an advertisement is required for advertising by means of radio, television, motion picture or film, or though printed publication, including advertising through internet and electronic means. Violation of the foregoing is subject to a maximum fine of THB 100,000

 

 

The foregoing products are subject to advertising restrictions under the supervision of the Food and Drug Administration (FDA). Review and approval of such advertisements by the FDA are required for certain products as further elaborated below.

Advertising of food products, including food supplements, is governed by the Food Act, B.E. 2522 (1979) (“Food Act”). The Food Act mandates that the advertising of the benefits, qualities or properties of a food product by means of radio, television, film, newspapers or other printed matter, or by other means for commercial purposes, requires prior approval from the FDA. In other words, any advertisement of food that involves the benefits, qualities or properties of that food (including nutrient claims, such as nutrient content claims and nutrient function claims), must be submitted for review and approval by the FDA. The Food Act expressly prohibits false or deceptive advertising of the benefits, qualities, or properties of the food. Advertising of food and supplementary food for infants is also prohibited. Violations of the foregoing food advertising provisions are considered criminal offenses subject to criminal liabilities. In particular, advertising without FDA approval is subject to a fine of not more than THB 5,000. False or deceptive advertising of the benefits, quality or property of food is subject to imprisonment of up to three years and/or a maximum fine of THB 30,000.

Advertising of medicines is governed by the Drug Act, B.E. 2510 (1967) (“Drug Act”). Only medicines that are categorized as “household remedies” can be advertised to the general public. Medicines that are categorized as “dangerous drugs” or “specially controlled drugs” can be advertised directly to medical practitioners, but not to the general public. Advertising of medicines by means of radio, television, motion picture or film, or though printed publication requires FDA approval of the statements, sounds and/or pictures used in the advertisement. According to the FDA’s interpretation and practice, this requirement also applies to advertising of medicines through internet and electronic means. The applicant for FDA approval of a drug advertisement must inform the FDA of the media or means through which the applicant intends to advertise. 

Stringent restrictions apply with regard to the advertising of medicines. Advertisement of a medicine must comply with the following:

(1) Must not exaggerate its therapeutic properties or its ingredients as being miraculously or completely capable of treating, mitigating, curing, or preventing a disease or illness, nor shall any other wording of similar meaning be used; 

 

The Gambling Act, B.E. 2478 (1935) (the "Gambling Act") prohibits the advertising of gambling activities as stipulated in List A and List B attached to the Gambling Act. Violation could be subject to imprisonment term between one and three years and/or a fine at the amount between THB 1,000 and THB 5,000. 

In general, there is no specific law expressly restricting the advertisement of escort services or adult dating services. The content of any advertisement for escort services or adult dating services may be subject to restrictions under other relevant laws and regulations such as the CPA, the Computer Crimes Act, and Prevention and Suppression of Prostitution Act.

 

2.4 Transnational marriage matchmaking services 

In general, there is no specific law restricting transnational marriage matchmaking services. The content of advertisement of transnational marriage matchmaking service may be subject to restrictions under other relevant laws and regulations such as the CPA, the Computer Crimes Act, and Prevention and Suppression of Prostitution Act.

 

The Security Service Business Act, B.E. 2558 (2015) does not directly impose any restrictions on the advertisement of security service. However, the security service provider in mentioned in the advertisement must be granted applicable license under the Act. Also, the content of advertisement of security service may be subject to restrictions under other relevant laws and regulations such as the CPA, the Computer Crimes Act, and Prevention and Suppression of Prostitution Act.

 

Advertising of a licensed private medical facility and its operations/services is subject to the Medical Facility Act B.E. 2541 (1998) (“Medical Facility Act”, also known as the Sanatorium Act). The Medical Facility Act regulates private medical facilities, e.g., private clinics and hospitals, including those performing plastic surgery. The Medical Facility Act requires any advertisement concerning a medical facility, including medical or professional services provided by the medical facility, to be approved by the Department of Health Service Support (DoHSS), except when the advertisement contains only the registered name and address of the medical facility, in which case approval is not required. Further, the Medical Facility Act prohibits advertisements for medical facilities that misrepresent or exaggerate the nature of a medical facility’s operation, or may materially mislead the public in relation to it. 

Advertising of a private medical facility without DoHSS approval is subject to a maximum fine of THB 20,000. If the offender fails to comply with a takedown order (a remedial measure available to the DoHSS), an additional fine not exceeding THB 10,000 per day applies until the violation ceases.

Advertising concerning a private medical facility that contains a misrepresenting, exaggerating or materially misleading message is subject to imprisonment of up to one year and/or a maximum fine of THB 20,000. If the offender fails to comply with a DoHSS takedown order, an additional fine not exceeding THB 10,000 per day applies until the violation ceases.

The Practice of the Art of Healing Act, B.E. 2542 (1999) prohibits the advertising of a licensed practitioner's practice or skills for any purposes, which are not for academic, education, public interest or declaration of honor purposes. Violators of the Act will be censured by the appropriate professional commission, and the violation is punishable by warning, probation, and suspension of license for not more than two years, or cancellation of license.

The Pharmaceutical Professionals Act, B.E. 2537 (1994) prohibits the advertising of oneself as a specialist in any field of pharmaceutical practice without a license for that field. Violators of the Act will be censured by the professional commission, and the violation is punishable by warning, probation, suspension of license for not more than two years, or cancellation of license. In addition, violation will be subject to the imprisonment of up to one year and/or fine of THB 10,000 fine.

The Dental Professionals Act, B.E. 2537 (1994) prohibits the advertising of oneself as a specialist in any field of dental practice without a license for that field. Violators of the Act will be censured by the professional commission, and the violation is punishable by warning, probation, suspension of license for not more than two years, or cancellation of license. In addition, violation will be subject to the imprisonment of up to one year and/or fine of THB 10,000.

The Nursing and Midwifery Professionals Act, B.E. 2528 (1985) prohibits the advertising of oneself as a nurse or midwife without registration or a specific license in that field. Violators of the Act will be censured by the professional commission, and the violation is punishable by warning, probation, suspension of license for not more than two years, or cancellation of license.  In addition, violation will be subject to the imprisonment of up to two years and/or fine of THB 20,000.

 

The advertisement of firearms, ammunition, explosives, fireworks and imitation firearms under the definition as prescribed in the Act Controlling Firearms, Ammunition, Explosives, Fireworks and Imitation of Firearms, B.E. 2490 (1947) is not permitted unless the advertiser is permitted to import, sell, trade, make such products by the regulatory authority.

 

The Motion Picture and Video Act, B.E. 2551 (2008) prescribes that the advertising of film and video without permission from the authority is not permitted. Violation will be subject to administrative fine at the amount between THB 200,000 and THB 1,000,000.

 

In general, there is no specific law restricting the advertising of immigration businesses. The advertising of immigration businesses may be subject to restrictions under other relevant laws and regulations such as the CPA, the Computer Crimes Act, and Prevention and Suppression of Prostitution Act.

 

• The Organic Act on the Election of Members of the House of Representatives and the Installation of Senators, B.E. 2550 (2008), as amended;

• The Organic Act on the Election of Members of the House of Representatives and Senators, B.E. 2561 (2018); and

• The Organic Act on Referendum B.E. 2552 (2009), as amended.

The advertisement and dissemination of results of an opinion poll relating to voting in an election and referendum within 7 days before an election or referendum day until the end of the voting period are prohibited. Violation can be subject to imprisonment of up to three months and/or fine of THB 6,000.

Advertising of cosmetic products is governed by the Cosmetics Act, B.E. 2558 (2015) (“Cosmetics Act”), which is under the supervision of the FDA. Under the Cosmetics Act, advertisements of cosmetic products are not subject to prior review and approval by the FDA. However, the Cosmetics Act mandates that cosmetics advertisements must not contain statements that are unfair to consumers or statements that may be detrimental to society as a whole, regardless of whether said statement involves the source, condition, quality, or characteristics of the cosmetics. The following statements are regarded as unfair to consumers or may be detrimental to the society as a whole, and are, therefore, prohibited: 

• Lawyers Act and Regulations of the Law Society Concerning Professional Ethics 

The Lawyers Act, B.E. 2528 (1985) in conjunction with the Regulation of the Lawyer Council of Thailand Re: Ethics of Lawyers, B.E. 2529 (1986) generally permits the advertising of legal services. However, the advertisement for legal services must not contain the following characteristics:

Penalties:

- The lawyer who violates the Regulation may be required to undergo the investigation by the ad-hoc Ethics Committee, and he/she may be subject to prohibition, suspension of the profession for the period not exceeding three years or removal from the lawyers’ register. 

- The lawyer who fails to go through the investigation process, give statement or supply more information and evidence upon request by the Committee, he/she will be subject to the imprisonment of up to one month and/or a fine of up to THB 1,000.

The Private School Act, B.E. 2550 (2007), as amended, requires that the advertising of school business not contain any statement that is false, exaggerated, or contrary to public order or good morals.

The advertising of hotel business, restaurants, nightclubs, pubs, spas massage parlours and similar businesses is generally permitted, but may be subject to restrictions under other relevant laws and regulations such as the CPA, the Computer Crimes Act, and Prevention and Suppression of Prostitution Act.

Generally, the advertisement of condominium is not permitted unless it is granted for sale by the regulatory authority in accordance with the CPA (see 1. Consumer Protection Act above). 

The Condominium Act, B.E. 2522 (1979) further prescribes that the statements and photos of the condominium used in the advertisement must be consistent with those submitted to the authority and sale contract. Violation could be subject to a fine of up to 100,000.

Advertisements concerning intellectual property rights or ownership does not require prior approval from the regulatory authority, which is the Department of Intellectual Property. However, only intellectual property owners (and/or their authorized licensees) have the exclusive rights in their intellectual property assets, such as trademarks, copyrights, patents, etc. Therefore, unauthorized use of trademarks or copyright works in an advertisement may constitute infringement, which is illegal. In addition, an offer to sell products that infringe the intellectual property rights of others is illegal and subject to criminal and civil liabilities. Use of the ® symbol is only permitted if the respective trademark or patent has been registered in Thailand. Additionally, if any statements used in an advertisement could mislead consumers about the product/service, such statements would also be considered as prohibited statements under the applicable laws and regulations, such as the CPA, the Computer Crimes Act, etc.