This Content Publishing Legal Guideline ("Guideline") is intended and provided for all the users who will engage in creating and/or publishing or delivering any forms of contents to LINE Services (“Content Partner”) to observe and comply with the laws and regulations relevant to content creating and/or publishing to general public.
The Guideline provides a list of key legislations but in no event should this Guideline be understood as an exhaustive list of governing laws and regulations at any given time. All Content Partners are also advised to conduct their own further research on the laws and regulations that may be applicable to their intended activities prior to and when collaborating with LINE on the LINE Services.
The Computer Crime Act B.E. 2550 (2007) and its amendment B.E. 2560 (2017) (collectively referred to as the "Computer Crime Act") governs data and content in a computer system including electronic data according to electronic transaction law.
Section 14 of the Computer Crime Act prohibits inputting the following contents into a computer system:
(1) dishonestly or deceitfully inputting distorted or forged computer data, or false computer data in a manner likely to cause injury to the public (excluding defamation under the Penal Code);
(2) inputting false computer data in a manner likely to cause damage to national security, public security, economic security, or infrastructure for the public interest, or stir up public agitation;
(3) inputting any computer data which is the commission of an offence relating to national security or terrorism under the Penal Code;
(4) inputting any obscene content which is likely to be accessible to the public;
(5) publishing and forwarding computer data with the knowledge of the aforesaid offence under (1), (2), (3), or (4).
Section 16 of the Computer Crime Act prohibits entering into computer system which can be accessible by the public of:
(2) edited picture of the deceased person which may cause damage to parents, spouse, or children of such deceased person.
Section 20 of the Computer Crime Act prescribes that the following computer data would be subject to the court order to restrain the dissemination or removal:
(1) computer data that constitutes an offence under the Computer Crime Act;
(2) computer data that may affect the security of the Kingdom as stipulated in Book Two title I or title I/I of the Penal Code;
(3) computer data that constitutes a penal offence according to intellectual property laws, or any other laws. Such computer data must be contradictory to the public order or the good morals of the people; and
(4) computer data that is contradictory to the public order or the good morals of the people.
2. Penal Code
A. Lese Majeste Content
Section 112 of the Penal Code prohibits anyone from defaming, insulting, or expressing a grudge against the King, Queen, heir to the throne, or the regent.
B. Disturbance to the Government, Law, and the Public
Section 116 of the Penal Code prohibits the content/statement which is not expressed in good faith, that:
(1) cause alteration in the laws of the Kingdom or government by the use of force or by doing harm;
(2) cause unrest or disobedience among the people in Thailand in a manner likely to cause disorder in the Kingdom;
(3) cause the public to violate the laws of the Kingdom.
C. Pornography
(a) Adult Pornography:
Section 287 of the Penal Code prohibits the following pornography-related offences:
(1) For the purpose of trade, distributing or circulating any document, drawing, painting, picture, symbol, photograph, cinematograph film, or any other thing which is obscene;
(2) Involving in the trade concerning the aforesaid obscene material, distributing or exhibiting such material to the public;
(3) For the purpose of assisting in the circulation or trading of the aforesaid obscene material, propagating the news that there is a person committing such offence, or propagating the news that the aforesaid obscene material may be obtained from a person, or by any other means.
(b) Child Pornography
Section 287/1 of the Penal Code prohibits possessing of child pornographic material for sexual benefit, whether for himself or for others.
Child pornographic material" is defined under the Penal Code as any object or material which shows or displays sexual activities of or with a child not exceeding 18 years of age, which conveys obscenity, whether in the form of a document, drawing, painting, picture, advertisement, symbol, photograph, cinematograph film, or any other similar thing, including any such material kept in the computer system or in other electronic device.
Section 287/2 of the Penal code also prohibits the following child pornography- related offences:
(1) For the purpose of trade, distributing or circulating any child pornographic material;
(2) Involving in the trade concerning the aforesaid child pornographic material, distributing or exhibiting such material to the public;
(3) For the purpose of assisting in the circulation or trading of the aforesaid child pornographic material, propagating the news that there is a person committing such offence, or propagating the news that the aforesaid material may be obtained from a person, or by any other means.
Penalty
D. Defamation
(a) Defamation
Under Section 326 of the Penal Code, an act is considered defamatory if such act was made with the intention to impute certain negative facts to another person regardless of whether the statement is true or false. In addition, the substance of the act must be likely to injure the reputation of the other person or expose such person to hatred or contempt. The act of defamation under Section 326 must be made to a third person.
(b) Defamation by Means of Publication
Section 328 of the Penal Code also prohibits the defamation that is committed by means of publication such as by means of broadcasting, or dissemination of pictures, or by propagation by any other means.
3. Child Protection Law
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
4. Intellectual Property Law
Contents concerning intellectual property rights or ownership does not require prior approval from the regulatory authority. 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 any contents may constitute infringement. 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 Consumer Protection Act, and the Computer Crime Act, etc.
5. Alcoholic Beverage Control Law
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).
6. Election, Referendum and Opinion Polls Law
A.The Organic Act on the Election of Members of the House of Representatives and the Installation of Senators, B.E. 2550 (2008), as amended;
B.The Organic Act on the Election of Members of the House of Representatives and Senators, B.E. 2561 (2018); and
C.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.
Last updated: January 15, 2022