Tag: Artificial Intelligence

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OCPB Issues New Guidelines on Fair Advertising and Use of AI-Generated Content

Background: What is Happening in Thailand Now:

Thailand has taken a significant step toward regulating the use of artificial intelligence in commercial advertising. The Office of the Consumer Protection Board (OCPB) has issued a formal notification under the Consumer Protection Act B.E. 2522 (1979) establishing specific guidelines for AI-generated advertising content.

The notification addresses emerging advertising practices where marketers increasingly use AI and image-editing software to create or enhance visuals—often to an idealized standard—to attract consumer interest or build credibility. The OCPB observed that such practices may cause consumers to misunderstand the essential characteristics, condition, quantity, or usage of products, which violates consumer rights and causes damage.

Key trigger for regulation: The OCPB determined that when advertisements use images, videos, or other visual materials that have been created, enhanced, or modified through AI or computer programs, consumers may be misled about the actual product they will receive. The notification is already in effect with no grace period.

Why the Regulator Needs to Regulate:

The OCPB identified several risks justifying regulatory intervention:

· Consumer deception: AI can create flawless, exaggerated depictions that mislead consumers about the true characteristics, quality, quantity, or composition of products.

· Unfair competition: Advertisers using deceptive AI enhancements gain an unfair advantage over those that accurately portray their products.

· Vulnerable group protection: Children and adolescents are especially susceptible to unrealistic AI-generated images, which may encourage unsafe behavior—particularly for non-edible products resembling food items.

· Lack of transparency: Without mandatory disclosure, consumers cannot distinguish between real and AI-generated content, eroding trust in advertising.

The notification was issued under the Consumer Protection Act B.E. 2522 (1979), which has long prohibited advertising that is unfair to consumers or may cause harm to society, including false or exaggerated statements that may cause material misunderstanding about products or services.

What the Regulation Is:

The OCPB notification applies to advertisements using still images or videos created or edited with software programs or AI tools that may cause the depicted product or service to differ from the actual product sold, which may cause misunderstanding regarding condition, quality, quantity, or other essential aspects.

Three Key Requirements:

A. Prior Authorization

Obtain approval from relevant regulatory authorities where required by law. This applies where existing laws already mandate pre-approval for certain advertising categories (e.g., health products, financial services).

B. Accurate Representation

Ensure that the advertised size, quantity, volume, number, or composition matches the actual product or service being sold, whether in still images or videos.

C. Mandatory AI Disclosure Labels

Display clear disclosures when AI or software is used to create or edit images. The OCPB has specified approved wording for these labels :

Approved Disclosure Label When to Use

“Real image or simulation edited using AI” Content showing real product/location with AI editing

“Photo from actual location or simulation edited using AI” Location-based content

“Photo from actual product or edited simulation” Product-focused content with AI enhancement

“Image created by AI” Fully AI-generated images

“Video created by AI” Fully AI-generated videos

Disclosure clarity requirement: Disclosures must be clearly visible, audible, or readable according to the type of advertising medium. A label buried in fine print or shown for only a fraction of a second does not meet this standard.

Separate Rule – Non-Edible Products Resembling Food Items

For non-edible products advertised in a manner that may cause them to resemble food items, businesses must additionally:

· Obtain prior authorization from the relevant regulatory authority when required by law

· Include clear, prominent Thai-language disclaimers that are easily visible, audible, or legible

· Exercise particular caution for communications targeting vulnerable groups (children, adolescents), avoiding portrayals that could encourage imitation, ingestion, or unsafe behavior

What Businesses Need to Do Now:

The notification is already in force. Businesses operating in Thailand must take immediate action :

Step 1: Audit Current Advertising Content

Review all active campaigns and identify any materials that use AI-generated or AI-edited images or videos. Determine which disclosure label applies to each piece of content.

Step 2: Verify Accuracy of Depictions

Ensure that every visual depiction of size, quantity, volume, composition, or characteristics matches the actual product. If discrepancies exist, correct the content or add appropriate disclosures.

Step 3: Add Mandatory Disclosures

For all AI-generated or AI-edited visual content, add one of the OCPB’s approved disclosure labels in a clearly visible position. The label must be readable on screen or in print, and audible if the medium is audio/video.

Step 4: Update Internal Workflows

Make AI disclosure a mandatory step in the creative approval process. Every piece of advertising content that uses AI should be reviewed for compliance before publication.

Step 5: Review Contracts with Agencies and Suppliers

If working with external marketing agencies, graphic designers, or content creators, ensure contracts require them to flag AI-generated content and apply appropriate disclosures. Establish clear compliance responsibility.

Step 6: Train Marketing Teams

Educate all personnel involved in creating or approving advertising materials on what counts as AI-generated or AI-edited content and what disclosures are required.

Step 7: Establish Ongoing Monitoring

Thailand’s AI regulatory landscape is evolving rapidly. Monitor updates from the OCPB and other relevant bodies—including the Ministry of Digital Economy and Society (MDES)—for new guidance.

Key Takeaways:

· Thailand’s OCPB notification on AI-generated advertising content is already in effect under the Consumer Protection Act B.E. 2522 (1979).

· Mandatory disclosure labels with specific approved wording must appear on all AI-generated or AI-edited advertising images and videos.

· Accuracy requirement: Depictions of size, quantity, volume, composition, and characteristics must match the actual product.

· Prior authorization remains required for advertising categories already subject to pre-approval (health products, financial services, etc.).

· Separate rules apply to non-edible products resembling food items, requiring Thai-language disclaimers and special care for vulnerable groups.

· Businesses should immediately audit, correct, disclose, and train to ensure compliance and avoid enforcement risks including fines and removal orders .

· Thailand’s broader AI regulatory framework is still developing—companies should treat this as the beginning of an ongoing compliance journey .

Author: Panisa Suwanmatajarn, Managing Partner.

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Digital Economy: Government Approves Comprehensive Three-Year Data Strategy and Advances AI and Smart City Initiatives

On August 21, 2025, the National Digital Economy and Society Committee convened to approve a series of transformative resolutions aimed at bolstering digital infrastructure, artificial intelligence (AI) development, and smart city initiatives. These decisions underscore the government’s commitment to fostering economic growth, enhancing national competitiveness, and ensuring a sustainable digital future for all citizens.

National Data Strategy:

The committee approved a three-year National Data Policy and Strategy, designed to provide a robust framework for digital transformation. The strategy focuses on four key pillars:

  • Data Infrastructure: Developing a resilient foundation for managing large-scale datasets to support digital innovation.
  • Data Governance: Establishing clear standards to enhance trust and efficiency in digital services.
  • Data Utilization: Promoting secure and widespread use of data across public and private sectors.
  • Digital Workforce: Cultivating a skilled workforce to meet the demands of the digital economy.

National Artificial Intelligence Committee:

A National AI Committee was established to oversee the implementation of the country’s AI action plan. The committee’s objectives include:

  • Advancing local talent and technological innovation in AI.
  • Leveraging AI to drive economic competitiveness.
  • Utilizing AI to address social and environmental challenges, thereby improving the quality of life.

Smart City Development:

The committee extended Smart City certifications for 16 existing projects and granted a new Smart Area certification to the Phuket Tinicon Valley Project, increasing the total number of certified smart cities to 37 across 25 provinces. Notable projects include Mae Moh Smart Living City (Lampang), Khlong Phadung Krung Kasem (Bangkok), Yala Smart City for Civic Engagement, and Samyan Smart City (Bangkok), each achieving over 80% progress. Since 2021, private sector investment in smart city development has surpassed 30.9 billion baht, driven by tax incentives and public procurement privileges. These initiatives integrate advanced technologies, such as intelligent transportation systems and clean energy management, to enhance urban living standards.

man standing on stairs

Public Internet Network Expansion:

The committee endorsed the management of the National Broadband Network, “Net Pracharat,” under an Open Access Network model. This initiative aims to ensure equitable and universal internet access, particularly in underserved areas. The Office of the National Digital Economy and Society Commission will lead the implementation, focusing on:

  • Economic Empowerment: Enabling citizens in remote areas to access online markets, thereby increasing income opportunities through activities such as selling agricultural products and handicrafts.
  • Cost Reduction: Lowering internet service costs by expanding access through government-supported infrastructure and making digital services more affordable.

Economic and Social Impacts:

The approved initiatives are poised to deliver significant economic and social benefits. The public internet network will bridge the digital divide, fostering economic inclusion and reducing connectivity costs. Smart city developments will enhance urban management, attract private investment, and improve residents’ quality of life through sustainable and innovative solutions.

Key Takeaways:

  • These initiatives reflect a commitment to building a competitive, inclusive, and sustainable digital economy.
  • The three-year National Data Strategy emphasizes data infrastructure, governance, utilization, and workforce development to drive digital transformation.
  • The establishment of a National AI Committee will advance AI innovation, economic growth, and solutions for social and environmental challenges.
  • Smart city certifications have been extended to 16 projects, with a new certification for the Phuket Tinicon Valley Project, contributing to 37 smart cities across 25 provinces.
  • The Open Access Network model for “Net Pracharat” will enhance internet accessibility, reduce costs, and create economic opportunities for citizens.

Author: Panisa Suwanmatajarn, Managing Partner.

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EU AI Act: Implications for Thailand and its Influence on Thai AI Legal Instruments

The European Union’s pioneering approach to regulating Artificial Intelligence (AI) has set a new global standard, with implications reaching far beyond its borders. On 21 May 2024, the European Council formally adopted the EU AI Act, scheduled for full enforcement by 2 August 2026. This landmark legislation aims to mitigate potential harm from AI usage while fostering innovation.

The EU AI Act employs a risk-based approach, categorizing AI systems into four levels:

  1. Unacceptable Risk: Prohibited AI systems that pose threats to human rights, such as social scoring systems and real-time face recognition systems.
  2. High-Risk: AI systems are required to meet specific requirements and undergo conformity assessments, including biometric identification and critical infrastructure systems.
  3. Limited-Risk: AI systems that must fulfill obligations before market entry, such as deepfakes and chatbots.
  4. Minimal-Risk: AI systems that must adhere to a code of conduct, including speech recognition and spam filtering systems.

The EU AI Act also introduces AI Regulatory Sandboxes, monitored by National Competent Authorities, to ensure compliance before market deployment.

Impact on Thailand

While Thailand is not an EU member, the EU AI Act’s influence extends globally, presenting both challenges and opportunities:

  1. Legal Framework Development: The Act provides a blueprint for Thailand to develop robust AI laws and regulations.
  2. Business Performance Enhancement: Thai AI-related businesses may need to elevate their standards to operate in the EU market, indirectly improving the domestic AI industry.
  3. Access to Advanced AI Systems: Thailand may benefit from the influx of high-standard AI systems developed under EU regulations.
elderly man thinking while looking at a chessboard

Thai AI Legal Instruments in Development

Influenced by the EU AI Act, Thailand is currently drafting three main legal instruments:

  1. The Draft Act on the Promotion and Support of AI Innovations in Thailand: This act establishes general rules, requirements, and authorities for AI control. While influenced by the EU AI Act, it relies more on subordinate laws for specific requirements. Uniquely, it includes provisions for reimbursing damage caused by AI use when no responsible party can be identified.
  2. The Draft Royal Decree on Business Operations that Use Artificial Intelligent Systems: This decree adopts the EU’s risk-based approach and requirements for High-Risk AI. However, it defers detailed explanations to sub-regulations. It also includes administrative and criminal penalties for non-compliance.
  3. The Draft Notification of Electronic Transactions Development Agency Re: AI Sandbox: This notification focuses on AI Sandboxes, crucial for pre-market implementation testing. Unlike the EU’s mandatory approach, Thailand’s AI Sandbox is voluntary.

Key Differences and Adaptations

While heavily influenced by the EU AI Act, Thailand’s approach shows some notable differences:

  1. Regulatory Depth: Thai drafts often defer detailed requirements to subordinate laws, whereas the EU AI Act provides comprehensive explanations within the main legislation.
  2. Enforcement Approach: Thailand includes specific provisions for penalties and damage reimbursement, which are not as explicitly outlined in the EU AI Act.
  3. Sandbox Implementation: Thailand opts for a voluntary AI Sandbox approach, contrasting with the EU’s mandatory system.

Conclusion

The EU AI Act marks a significant milestone in AI regulation, influencing global approaches including Thailand. While Thailand is not obligated to follow EU standards, the similarities in their developing legal instruments highlight the EU AI Act’s far-reaching impact. As Thailand continues to refine its AI legal framework, it balances adopting international best practices with tailoring regulations to its specific needs and context.

As the global AI landscape evolves, Thailand’s proactive approach in developing comprehensive AI regulations is to navigate the challenges and opportunities presented by this transformative technology.

black and white photo of a transparent mannequin

Key Takeaways

  • EU has passed the first AI Act which will be fully enforced by 2 August 2026.
  • The EU AI Act uses risk-based approaches to prevent the possible harm to human.
  • The EU AI Act does affect Thailand in the field of commercialization and legalization.
  • Thailand does not have the burden to follow EU AI Act. However, Thailand heavily influenced by EU AI Act in the process of drafting.

Author: Panisa Suwanmatajarn, Managing Partner.

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Thailand’s New EEC Visa: Fostering Foreign Investment and Expertise.

As part of its strategic efforts to propel economic development and position itself as a regional hub for cutting-edge industries, Thailand has introduced the Eastern Economic Corridor (EEC) Visa program. This initiative represents a pivotal step towards attracting foreign talent and investment crucial for realizing the nation’s ambitious vision.

The EEC Visa scheme, approved by the Cabinet, is a central component of Thailand’s broader strategy to develop the EEC provinces of Rayong, Chonburi, and Chachoengsao into a thriving hub for next-generation industries, including automotive, robotics, aviation, and digital technologies. By offering a streamlined process and attractive privileges, the program aims to facilitate the entry and long-term stay of overseas professionals and investors in these targeted sectors.

Working visas in Thailand are categorized into multiple types, but the Non-Immigration Visa type B (“Non-B visa”) remains a popular choice for foreigners, allowing them to stay and work in the country for up to one year with a work permit. Moreover, for foreigners seeking to work or invest in Thailand’s targeted industries, there are various visa options designed to meet their specific needs, each offering unique benefits and privileges. These include the SMART Visa, which offers a maximum stay of 4 years and work permit exemption, with an annual notification requirement rather than the standard 90-day reporting at the Immigration Bureau. Additionally, the Long-Term Resident (LTR) Visa, tailored for highly-skilled professionals, grants visa holders up to 10 years of renewable residency, permission to work with a digital work permit, a 17% flat personal income tax rate, and the ability to bring up to four dependents.

brown trees under white and blue cloudy sky

Recently, the Cabinet acknowledged the introduction of the Eastern Economic Corridor (EEC) Visa, issued by the EEC committee. Currently under consideration for launch, the EEC Visa aims to provide benefits and privileges for foreigners working in targeted industries within the EEC Zone, encompassing Rayong, Chonburi, and Chachoengsao provinces. Designed for foreign investors, business owners, CEOs, and skilled laborers, the EEC Visa is poised to play a crucial role in driving investment and talent acquisition in these strategic sectors.

Under the EEC Visa program, four distinct categories of foreign nationals are eligible to apply: Specialists, Executives, Professionals, and their dependents. Successful applicants across these categories will be granted a range of benefits designed to incentivize their contribution to Thailand’s economic transformation.

Author: Panisa Suwanmatajarn, Managing Partner.

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Non-Immigrant ‘O’ Visa: A Versatile Option for Extended Stays in Thailand.

For foreigners looking to remain in Thailand beyond the standard 90-day tourist visa period, the Non-Immigrant Visa category ‘O’ presents a valuable and flexible solution. Catering to a range of purposes from retirement to marriage and familial ties, this visa type is one of the most commonly sought-after options among expatriates.

Whether applying at a Royal Thai Embassy or Consulate abroad or extending an existing stay through Thailand’s Immigration Bureau, the Non-Immigrant ‘O’ visa streamlines the process for those wishing to make Thailand their temporary home for an extended period.

This visa category encompasses several subcategories, each tailored to meet the specific needs of foreign nationals in various circumstances. Here’s a closer look at some of the key types:

man in pipe beside woman wearing black frame eyeglasses during day time

Marriage Visas: Foreign spouses of Thai citizens can obtain a Non-Immigrant ‘O’ visa to accompany their partners and live, or even work, in Thailand. Applicants must demonstrate a minimum monthly income of 40,000 Thai Baht (THB) or maintain a Thai bank deposit of at least 400,000 THB. Importantly, this visa also allows holders to apply for a work permit.

Retirement Visas: Thailand’s tropical climate, rich culture, and affordable cost of living have made it an increasingly popular retirement destination. The retirement subcategory of the Non-Immigrant ‘O’ visa caters to this demographic, requiring applicants to be at least 50 years old and either hold a monthly pension income of 65,000 THB or maintain a Thai bank deposit of 800,000 THB or more. However, this visa does not permit employment in Thailand.

Thai Child Guardianship Visas: For foreign nationals serving as legal guardians to Thai children under 20, the Non-Immigrant ‘O’ visa offers a path to an extended stay. Applicants must provide proof of guardianship, a monthly income of at least 40,000 THB, or a Thai bank deposit of 400,000 THB or more.

photo of couple standing on wooden planks

Beyond these common subcategories, the Non-Immigrant ‘O’ visa can also accommodate volunteers, dependents of Thai residents or workers, and various other qualified circumstances as determined by Thailand’s Immigration Bureau.

With its versatility and potential for long-term residency, this visa has become an indispensable tool for those seeking to forge deeper ties with the Kingdom of Thailand. As foreign interest in Thailand continues to grow, the Non-Immigrant ‘O’ visa is likely to remain a popular and sought-after option.

Author: Panisa Suwanmatajarn, Managing Partner.

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Thai Perspectives on AI Governance: Navigating Unique Realities Amidst Global Trends

With the recent successful approval of the AI Act in the European Parliament, policymakers worldwide are gearing up to develop comprehensive governance frameworks to support AI development and protect its users. Thailand, with its overarching national AI roadmap, is also developing a legal framework similar to the EU AI Act. However, it is crucial to note that Thailand’s unique context may not align perfectly with the EU’s approach. Diligently monitoring the effects and consequences of EU AI Act implementation, adapting to Thailand’s unique context, and leveraging Thailand’s capabilities to shape the country’s AI governance framework is of paramount importance.

On 9 February 2024, the AI Governance Clinic (AIGC) by the Electronic Transaction Development Agency (ETDA) conducted a webinar whereby Thai experts on AI gathered to discuss the direction of AI governance in Thailand. The AIGC, a leading authority in AI governance, plays a pivotal role in shaping the future of AI in Thailand. Unarguably, the experts point out that AI markets in Thailand are growing at an exponential rate; the adoption of AI in day-to-day business operations, as well as the number of AI developer startups, require effective governance to ensure the promotion of Thai AI to the international level and protection of users in the local level. Nonetheless, Thailand now lacks a clear governance direction, whether strong comprehensive AI regulations or self-regulation would be required and sufficient in Thailand’s context. 

In the interview on Policymakers set to prepare more AI rules with Bangkok Post given by the executive director of the ETDA, he mentioned that “Thai regulators view that Thailand is not in a rush to issue and impose strong and comprehensive AI regulations”. He also mentioned that “ETDA has prepared a draft law on the application of AI with good governance; such draft law will also govern the standardization of contracts between service providers and users of AI products or services and that the standardization of contracts would prevent problems arising from the users not knowing or not understanding the complex systems of AI”.  

clear mannequin on dark blue background

Without a solid and specific regulation, the ETDA prioritizes AI literacy, underscoring the importance of empowering users with the knowledge to discern and mitigate the risks associated with AI technologies, particularly concerning the proliferation of AI Deepfakes. The threat of AI Deepfakes, a type of Generative AI that can create synthetic media, whether still or moving images, voices, and sounds, creating an indistinguishable virtual identity of an individual, is a pressing concern. AI Deepfakes are often used in disinformation and hallucinating facts; the victims falling for AI Deepfakes, whether monetary damaged or not, are said to have been “AI Hallucinated.” While generative AI brings as much creation into modern society as possible, limits should be imposed. With this intricacy of balancing between the right amount of regulations, and the freedom to foster and promote new AI innovation, regulating AI requires the regulator to be very delicate in regulation drafting.

As Thailand charts its course forward in AI governance, it has a unique opportunity to not just follow global trends, but to lead. By leveraging its unique strengths and capabilities, Thailand can co-create a governance framework that not only addresses emerging challenges but also fosters innovation and inclusivity. By fostering collaboration between stakeholders, monitoring the impact of regulatory interventions, and embracing adaptability, Thailand can carve a distinctive path toward AI governance that reflects its values, aspirations, and economical and societal needs.

Author: Panisa Suwanmatajarn, Managing Partner.

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Thailand prepares AI experts’ visas to support the AI industry.

Artificial Intelligence or “AI” is rapidly growing in importance worldwide. Recognizing this trend, The Thai government is prioritizing the development of AI capabilities to ensure the country does not fall behind. Various international forums have highlighted the significance of promoting ethical and responsible AI adoption. Thailand aims to position itself as a regional hub for AI investment and innovation.

AI trend in Thailand has a model from the European Union, Artificial Intelligence Act (“EU AI Act”) which is the regulatory framework for AI systems that are being used in various applications and will be analyzed and classified according to the risk that they pose to users. The EU AI Act is currently in the process of being enforced and implemented.

Currently, the Thai government has identified AI as a crucial area for boosting economic growth and competitiveness and has set ambitious goals to establish the country as a center for AI in the region. However, Thailand faces a significant shortage of AI experts, with an estimated need for 100,000 AI experts but only around 21,000 currently available. To address this gap, the government is exploring measures such as the Digital Scholarship Fund, offering 200% Tax deduction for AI courses, and also the Global Digital Talent Visa program to attract high computer-skill manpower and AI talent experts from worldwide top-ranked universities to work and fulfill lack of AI expert’s gap in Thailand.

Thai government is actively exploring ฟ special type of visa to attract AI experts and people with advanced computer skills around the world. It has promoted various targeted industries including the digital and smart electronics industry or AI industry that may impact and enhance the economic investment in Thailand under the authority of the Board of Investment (“BOI”). This proposed visa policy will eliminate unnecessary bureaucratic hurdles, allowing AI professionals to seamlessly integrate into the country’s AI projects, research institutions, and industry collaborations.

woman sitting on white sofa

Currently, the AI experts who work in the targeted industry can obtain the below visas and work in Thailand, providing them with the flexibility to work and reside in Thailand for extended periods. These visas will offer AI professionals and their families access to various benefits, including healthcare, education, and other social services, ensuring a conducive and supportive environment for their work and personal lives.

  1. SMART Visa or Smart Visa “T”: This is a visa type that is established to attract talented professionals including AI experts working in the targeted industries in Thailand. The visa holders will be granted for 4 years of validity to stay in Thailand, with multiple-entry, and is required to notify the duration of their stay to the Immigration Bureau every 1 year which is differed from the standard working visa (called “Non-B Visa”) that the holders are required to notify to the Immigration Bureau for their stay every 90 days.
  2. Long-Term Resident Visa – High Skilled Professionals (“LTR visa”) : This type of visa will be granted for 10 years with multiple-entry validity to stay in Thailand with a digital work permit to work in Thailand. As well, the visa holders are required notify to the Immigration Bureau every 1 year of their stay.

Author: Panisa Suwanmatajarn, Managing Partner.

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