Penal Code Amendment (No. 30): Criminalizing Sexual Harassment and Implications for Workplace Policies

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Penal Code Amendment (No. 30): Criminalizing Sexual Harassment and Implications for Workplace Policies

On December 30, 2025, the Royal Gazette published the Penal Code Amendment Act (No. 30), B.E. 2568 (2025), marking a significant advancement in Thailand’s legal framework for addressing sexual offenses. This amendment introduces “sexual harassment”  as a distinct criminal offense, refines existing provisions to reflect contemporary societal dynamics, and emphasizes protection for individuals across all genders, ages, and identities. By elevating such acts from minor infractions to criminal liability, the law seeks to deter perpetrators, enhance victim support, and foster a safer society. The changes address limitations in prior legislation, which often treated harassment merely as a petty offense causing annoyance, insufficient for the severity and diversity of modern incidents.

Key Changes Introduced by the Amendment:

The amendment encompasses several pivotal modifications to the Thai Penal Code:

1.  Expanded Definition of “Rape”: The definition is broadened to include emerging forms of sexual violation, ensuring inclusivity for diverse gender identities and modern contexts.

2.  Abolition of the Offense of “Indecent Act by Intrusion”: This provision is repealed to modernize and streamline the legal structure.

3.  Establishment of Sexual Harassment as a Criminal Offense: A new, dedicated section defines sexual harassment broadly as any act—physical, verbal, auditory, gestural, communicative, involving stalking, or conducted via computer systems—with sexual connotations that causes another person distress, annoyance, embarrassment, or a sense of insecurity. This encompasses:

       •  Physical actions or contact.

       •  Verbal remarks, sounds, or displays.

       •  Persistent communication, following, or monitoring.

       •  Digital interactions, such as through emails, social media, or online platforms.

These updates recognize the evolving nature of sexual offenses, including those affecting individuals of all ages, genders, and sexual orientations, and account for the psychological and physical harm inflicted.

Penalties Under the New Provisions:

Penalties are structured progressively to reflect the offense’s severity, context, and impact:

•  General Cases: Imprisonment not exceeding 1 year, a fine not exceeding 20,000 baht, or both.

•  Repeated or Continuous Acts (disrupting the victim’s normal life): Imprisonment not exceeding 2 years, a fine not exceeding 40,000 baht, or both.

•  Acts in Public Places or Via Computer Systems: Imprisonment not exceeding 3 years, a fine not exceeding 60,000 baht, or both.

•  Acts Against Children (under 15 years): Imprisonment not exceeding 5 years, a fine not exceeding 100,000 baht, or both.

•  Acts by Persons in Authority (e.g., supervisors, employers, or those with power over the victim): Imprisonment not exceeding 3 years, a fine not exceeding 60,000 baht, or both.

This graduated approach underscores heightened accountability in cases involving vulnerability, repetition, public exposure, digital means, or power imbalances, particularly relevant in professional settings.

Broader Implications for Society and Business Operations:

The amendment responds to the increasing prevalence and complexity of sexual offenses in Thai society, where traditional laws proved inadequate. By criminalizing a wider array of behaviors, it aims to improve enforcement, provide stronger deterrence, and offer more effective remedies for victims. For businesses, the law has profound implications, especially given the elevated penalties for acts committed by authority figures. Organizations must adapt to avoid criminal liability for individuals, potential vicarious responsibility, reputational harm, or related civil claims.

Businesses, particularly those with employee hierarchies, customer interactions, or digital operations, should undertake the following preparations:

•  Policy Revision and Development: Update or create comprehensive anti-harassment policies that explicitly incorporate the new legal definition, including workplace-specific examples such as inappropriate comments during meetings, unwanted advances by supervisors, or harassing digital messages.

•  Training Initiatives: Implement mandatory, regular training programs for all employees, with specialized sessions for managers highlighting their increased responsibilities and risks under the law.

•  Robust Reporting and Investigation Frameworks: Establish multiple confidential reporting channels (e.g., HR contacts, anonymous hotlines) and impartial investigation procedures with clear timelines, ensuring protection against retaliation.

•  Risk Mitigation Strategies: Conduct assessments in high-exposure areas, such as supervisory roles or public-facing positions, and integrate policy references into employment contracts and handbooks.

•  Victim Support Measures: Provide resources like counseling, accommodations, and legal referrals to support affected individuals.

•  Ongoing Monitoring: Perform annual reviews of policies and maintain detailed records of compliance efforts as evidence of due diligence.

Consultation with legal and human resources experts is recommended to ensure alignment with complementary laws, such as the Labour Protection Act and the Gender Equality Act.

Developing Effective Workplace Harassment Policies:

In light of the amendment, workplace policies must be thorough and proactive. Essential components include:

1.  Precise Definitions and Illustrations: Mirror the statutory definition while providing contextual examples relevant to the organization’s environment.

2.  Comprehensive Scope: Extend coverage to employees, contractors, clients, and visitors, including remote work and work-related events.

3.  Accessible Reporting Mechanisms: Offer diverse, secure options with prompt acknowledgment and anti-retaliation safeguards.

4.  Fair Investigation Processes: Detail impartial, timely procedures involving trained personnel and thorough documentation.

5.  Disciplinary Measures: Outline consequences proportionate to the offense, up to termination, while addressing power dynamics.

6.  Preventive Education: Require ongoing training to promote awareness and cultural change.

7.  Support Services: Ensure access to assistance for complainants and respondents.

8.  Regular Evaluation: Commit to periodic audits and updates in response to legal or societal developments.

Leadership endorsement and cultural commitment are crucial for effective implementation.

Key Takeaways:

•  The 2025 amendment represents a landmark progression in Thailand’s approach to sexual offenses, criminalizing harassment in its various forms and imposing substantial penalties, effective from December 30, 2025.

•  It particularly heightens risks for those in positions of authority, necessitating urgent workplace adaptations.

•  Organizations that prioritize robust policies, training, and procedures will not only achieve compliance but also cultivate safer, more inclusive environments.

•  This reform aligns with global standards for victim protection and societal safety, encouraging proactive measures across all sectors.

•  Employers are advised to stay informed through official sources, such as the Royal Gazette and relevant ministries, for any additional guidance or interpretations. Prompt action will mitigate risks and contribute to a more equitable professional landscape in Thailand.

Author: Panisa Suwanmatajarn, Managing Partner.

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