ADVERTISEMENT SERVICES GUIDELINES


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

A. General criteria for advertising any merchandise or service
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 Timeline, and/or any other platforms (as the case may be).
 
1. Consumer Protection Act
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.

2. Computer Crimes Act
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.

3. Child Protection Act
• 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.

4. Other Prohibited or restricted manners of advertising
4.1 Inducing advertisement of vague messages
• 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. 

4.2 Erotic advertisements
• 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.

4.3 Illegal or unauthorized advertising elements (images and video/music)
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.

4.4 Prostitution
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.

4.5 Human Trafficking
The advertisement which contains the content in the way that procures, buys, sells, vends, induces, suggests person in the manner of human trafficking as prescribed in the Anti-Human Trafficking Act,
B.E 2551 (2008), as amended, is prohibited.  

The advertiser may be considered to commit ‘human trafficking’ offence, and may subject to the imprisonment term between four to twelve years and fine at the amount between THB 400,000 and THB 1,200,000.

B. Specific criteria for advertising certain types of merchandise or service
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 Timeline and/or any other platforms.
 
1. Products prohibited from being advertised

1.1 Tobacco products
• Tobacco Product Control Act  
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. 
 
1.2 Adult products (videos, books, sex products, etc.) 
• Penal Code
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.

• Medical Devices Act
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. 
 
1.3 Aid to pass drug tests 
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. 

• Food Act
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.

• Medical Devices Act
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.

• Consumer Protection Act
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.
 
1.4 Anti-government actions and violence,

• Penal Code 
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.
 
1.5 Narcotic drugs and psychotropic substances
• Narcotics Act
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.

• Psychotropic Substances Act 
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.
 
1.6 Miracle cures

• Drugs Act 
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
 
1.7 Liquor and alcohol

The Alcoholic Beverage Control Act, B.E. 2551 (2008) prohibits advertising (including all types of marketing communications) and the displaying of names or marks of liquor/alcohol products that promote their properties or induce any person to drink such products, either directly or indirectly. 
Advertisements and public relations conducted by manufacturers of liquor/alcohol products can only be produced for the purposes of providing information or knowledge that is positive for or otherwise enhances society, without displaying the liquor/alcohol product or its packaging, except for the display of the registered trademark of the product or the symbol/logo of its manufacturer. Such display of a registered trademark of a product or symbol/logo of its manufacturer, which accompanies the permissible provision of information or knowledge that enhances the society, via electronic means, must not exceed five percent (5%) of the total size and duration of the advertisement, must not be displayed for more than two seconds, must be shown only between 10:00 p.m. and 5:00 a.m., must be shown at the end of such advertisement and must include mandatory health warning statements at all times (further restrictions apply).

Advertising of liquor or alcohol in violation of the foregoing prohibition is subject to imprisonment of up to one year and/or a maximum fine of THB 500,000 fine, and a maximum daily fine of THB 50,000 while the violation persists. 

Furthermore, from December 2020 onwards, sales of alcohol via electronic means are prohibited. Violation is subject to imprisonment of up to six months and/or a maximum fine of THB 10,000.
 
2. Merchandise with restrictions on advertisement
2.1 With regard to food, food supplements, medicines (household remedies), medical devices (condoms, contact lenses, alcohol testing kits, birth control/contraceptives) and medicaments (drugs and medical devices inclusive).
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.

• Food Act
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.

• Drug Act 
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; 
(2) Must not be false or exaggerated with regard to its therapeutic properties;
(3) Must not be misleading with regard to its active ingredient(s) or components; 
(4) Must not mislead that it is an abortifacient or a strong emmenagogue; 
(5) Must not mislead that it is an aphrodisiac or birth control;
(6) Must not show the therapeutic properties of a “dangerous drug” or a “specially controlled drug”; 
(7) Must not contain certification or laudation of its therapeutic properties by any other person; and 
(8) Must not show its therapeutic properties as being capable of treating, mitigating, curing or preventing certain prescribed diseases or symptoms thereof.

Violation of the foregoing restrictions is subject to a maximum fine of THB 100,000. 

• Medical Devices Act
Advertising of 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). 
Advertising of medical devices that are prohibited from being made, imported or sold in Thailand is not permitted, including:
(1) Counterfeit medical device products;
(2) Medical device product that does not comply with the standard(s);
(3) Medical device product that has deteriorated;
(4) Medical device product that is unsafe for use;
(5) Medical device product that is manufactured or imported inconsistent with FDA approval/permission; and
(6) Medical device product whose approval/permission has been revoked. 

Besides the foregoing prohibited categories, the advertising of products that are considered “medical devices” must be approved by the FDA. The FDA advertising license is valid for three years from the issuance date. Use of false or exaggerating 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 a prohibited medical device is subject to imprisonment of up to two years and/or a maximum fine of THB 200,000.
 
2.2 Gambling 
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. 
 
2.3 Escort service and adult dating
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.
 
2.5 Security service
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.
 
2.6 Plastic surgery and medical services
• Medical Facility Act (also known as the Sanatorium 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.

• Practice of the Art of Healing Act
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.

• Medical Professionals Act 
The Medical Professionals Act, B.E. 2525 (1982) prohibits the advertising of oneself as a specialist in any field of medical practice without a license for that field. Violators of the Act will be censured by the appropriate professional commission, and the violation is punishable by warning, probation, suspension of a license of up to two years, or cancellation of license. 
In addition, violation will be subject to the imprisonment of one year and/or fine of THB 10,000.

• Pharmaceutical Professionals Act 
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.

• Dental Professionals Act
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.

• Nursing and Midwifery Professionals Act
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.
 
2.7 Armaments 
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.
 
2.8 Film and video 
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.
 
2.9 Immigration 
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.
 
2.10 Election, Referendum and opinion polls 
• 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.

2.11 Cosmetics
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: 
(1) Statement that is false or exaggerated; 
(2) Statement that may cause misunderstanding regarding the essential elements of the cosmetic, notwithstanding whether such statement is based on or refers to any technical/academic reports, statistics, or other sources that are false or exaggerated;
(3) Statement that shows an indication for treating a disease or other indications that are not within the scope of the cosmetic product; 
(4) Statement that leads to the understanding of increasing sex drive; 
(5) Statement that either directly or indirectly fosters a wrongful or immoral action or leads to the diminishment of national culture; 
(6) Statement that will cause division or threaten the unity of citizens; and
(7) Other statements as prescribed in the Ministerial Regulations.
Violation of the foregoing is subject to imprisonment of up to one year and/or a maximum fine of THB 100,000.

2.12 Legal services
• 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:
(1) rate of professional fees;
(2) statement that the professional fee will not be charged, except for legal advocacy advertised by Lawyer Council, or relevant institutions, associations organizations or government agencies;
(3) names, qualifications, positions, addresses or office in a boastful or exaggerated manner in order to convince people to engage their services, except for the advertisement of names, qualifications or others in a proper manner.

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.

2.13 Private Schools

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 regulatory authority has authority to impose orders in order for the school license holders to do the following:
- to cease an advertisement;
- to correct an advertisement;
- to advertise for correcting a misunderstanding of the people which may have occurred

Failure to comply with the advertisement requirements and the order of the regulatory authority may be subject to the revocation of license.

2.14 Hotels, restaurants, entertainment spots
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.

2.15 Condominium
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.

2.16 Intellectual Property
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.

Last updated on January 21,2021