Digital Advertising: Enhanced Regulations on False and Misleading Advertisements
Background of the Current Situation Regarding False Advertisements:
Thailand continues to face persistent challenges from deceptive online advertising, including fraudulent investment schemes, impersonation of legitimate businesses, promotion of counterfeit goods, misinformation, and inducements to participate in illegal activities such as gambling. These practices exploit the anonymity and reach of digital platforms, resulting in significant financial losses to consumers and erosion of trust in the online ecosystem.
In response, Thai authorities have introduced stricter measures. The most recent development is the Announcement of the Electronic Transactions Commission (ETC) on Measures to Prevent Technological Crimes for Social Media Service Providers (No. 2), published in the Government Gazette and enforced on 1 November 2026. This announcement strengthens obligations specifically targeting social media platforms to curb technology-enabled crimes through enhanced advertiser verification.
Previous Rules:
Prior to this latest announcement, advertising regulation relied on the Consumer Protection Act, sector-specific rules, and the earlier ETDA Guidelines for Managing Advertisements on Digital Platform Services (No. 3/2567), issued on 11 June 2024. Those guidelines focused on general digital platform services (DPS), encouraging identity verification, screening, and monitoring practices but operated primarily as practical guidance under the broader DPS framework.
Enforcement was often reactive, with limited mandatory real-time verification requirements for every advertisement on social media platforms. The new announcement builds upon and intensifies these earlier efforts by imposing more prescriptive obligations under the Royal Decree on Measures to Prevent and Suppress Technological Crimes (commonly known as the “Mule Account” Decree).
New Rules:
The new announcement requires social media service providers to implement mandatory identity verification for all advertisers before any advertisement is published. Key requirements include:
Identity Verification (Screening):
• Verify the advertiser’s identity using one of the following methods:
• Examination of official government-issued identification documents and confirmation that the advertiser is the genuine owner of the documents.
• Utilization of a Digital ID system meeting the standards prescribed by the Electronic Transactions Commission.
• Collection and retention of advertiser information for at least 90 days after the end of the advertising service. Required data includes:
• Name of the individual or juristic person and authorized representative.
• Identification documents (e.g., national ID card, passport, or corporate registration documents).
• Contact details (address and telephone number).
• Payment information, including details of any third-party making payments on behalf of the advertiser.
Platforms must apply these measures to every advertisement, significantly reducing anonymity in paid promotions.
Who Will Be Affected and What They Have to Do:
This announcement primarily affects operators of social media platforms that allow advertising.
Obligations for Affected Platform Operators:
• Integrate robust identity verification processes into their advertising systems prior to publication.
• Establish secure data storage systems compliant with the 90-day retention requirement.
• Update internal policies, terms of service, and technical infrastructure to enforce these measures consistently.
• Ensure readiness for regulatory audits and cooperation with authorities.
Advertisers will need to provide verified identification documents or use approved Digital ID systems each time they wish to run paid advertisements. Non-compliant advertisements are expected to be rejected or removed promptly.
Consumers will benefit from greater transparency and reduced exposure to fraudulent promotions, but are still advised to exercise caution and report suspicious content.
Key Takeaways:
• This regulation represents a significant tightening of controls on social media advertising, moving from general guidelines to mandatory, pre-publication identity verification.
• The focus on social media platforms addresses a key vector for online scams, complementing the broader DPS framework.
• Compliance deadlines are firm and platforms must be fully prepared by 1 November 2026.
• Failure to comply may result in penalties under the relevant technological crime prevention laws.
• The measure underscores Thailand’s commitment to creating a safer digital advertising environment while maintaining platform accountability.
Author: Panisa Suwanmatajarn, Managing Partner.
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