In Thailand’s dynamic digital landscape, social media has become an indispensable tool for businesses. From marketing campaigns and influencer collaborations to customer service and brand engagement, platforms like Facebook, Instagram, TikTok, and Line are integral to daily operations.
However, while social media offers great opportunities, it also exposes businesses to legal risks if not used responsibly. At Pimlegal, we believe every Thai business owner should be aware of the key social media laws to operate safely and ethically in the online space.
Understanding Thailand’s Computer Crime Act
The Computer Crime Act (CCA), originally enacted in 2007 and revised in 2017, governs most online activity in Thailand. For businesses, the most relevant parts of this law relate to content shared online, data security, and liability.
Business owners can be held responsible if illegal or defamatory content is published on their platforms, even by third parties such as users or employees. This means that moderating online platforms, monitoring comments, and ensuring content accuracy are essential to avoid criminal charges.
Defamation on Social Media
Under Sections 326 to 328 of the Thai Criminal Code, defamation is a punishable offense. When defamation occurs via social media, it is considered more serious (libel), often leading to harsher penalties.
A negative review, a misleading post, or even an exaggerated statement can be construed as defamatory. Business owners must train staff handling social media to communicate responsibly and verify information before posting, especially when responding to complaints.
Copyright and Intellectual Property Violations
Social media content often includes images, music, or videos, but using these without proper licensing can lead to copyright infringement. Thailand’s Copyright Act protects the rights of content creators.
Businesses that post stock photos, music, or third-party videos must ensure they have obtained usage rights or licenses. Furthermore, trademarks, logos, and brand names should not be used without permission to avoid legal disputes.
Advertising Regulations
The Consumer Protection Board and the Office of the Broadcasting Commission in Thailand regulate online advertising. Social media ads must not be misleading, deceptive, or omit key information. For instance, promotions must clearly state terms and conditions. Influencer collaborations must also disclose paid partnerships. Failure to do so can result in fines or a loss of consumer trust.
Data Privacy and the PDPA
Thailand’s Personal Data Protection Act (PDPA), enforced in 2022, sets out rules for collecting, storing, and using personal data. Social media marketing that involves collecting user data, such as through contests or lead forms, must comply with PDPA requirements.
Businesses must obtain explicit consent, clearly inform users of the purpose, and provide a way to withdraw consent. Non-compliance can lead to severe penalties.
Liability for Third-Party Content
If a business hosts a forum, page, or community group, it can be held liable for content posted by others. According to Thai law, platform operators have a duty to act upon illegal content once they become aware of it.
This includes removing hate speech, threats, or misinformation. Establishing a clear content moderation policy and assigning responsible team members can help reduce risks.
Cybersecurity Measures
Maintaining robust cybersecurity is not only best practice but a legal requirement under the CCA. Businesses must ensure secure access to social media accounts, use strong passwords, and implement two-factor authentication. In case of data breaches, prompt reporting and mitigation are essential. Failing to do so can result in reputational and legal consequences.
Influencer and KOL Collaborations
Working with influencers (KOLs) is a powerful strategy, but legal care must be taken. Contracts should clearly outline content expectations, payment, disclosure requirements, and legal liability. Both parties are accountable if false claims are made. Transparent and well-documented agreements help avoid legal disputes.
Online Promotions and E-commerce Compliance
Many Thai businesses run promotions or sell products directly via social media. These activities must comply with the Electronic Transactions Act and consumer protection laws. Terms of sale, refund policies, and contact details must be disclosed. Transparency builds trust and shields businesses from legal complaints.
Conclusion
Social media laws in Thailand are comprehensive and evolving, reflecting the growing significance of digital communication. Thai businesses must navigate this landscape carefully to avoid legal pitfalls and foster trust.
At Pimlegal, we recommend regular legal audits, staff training, and expert consultation to ensure your social media practices comply with current laws. A proactive approach not only safeguards your business but also strengthens your brand reputation in the digital world.