Tag: criminal

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Proposed Amendments to Anti-Corruption Legislation to Align with OECD Standards

The Thai Government is advancing amendments to the Organic Act on Prevention and Suppression of Corruption, B.E. 2561 (2018) (OAAC), with the objective of strengthening the country’s framework for combating foreign bribery and aligning it more closely with the standards of the Organization for Economic Co-operation and Development (OECD). The proposed revisions primarily target Section 176 of the OAAC, which establishes the offense of bribing foreign public officials or officials of international organizations, along with associated corporate liability provisions.

These changes form part of Thailand’s broader strategy to meet OECD expectations in preparation for potential accession to the OECD Anti-Bribery Convention and formal membership assessment by 2030.

Key Proposed Amendments to the Foreign Bribery Offense:

The revisions seek to address gaps identified in the current regime and to achieve functional equivalence with OECD Anti-Bribery Convention requirements. Principal elements include:

•  Broadening the scope of prohibited conduct: The offense will explicitly cover bribery through intermediaries, advantages conferred on third parties, and inducements intended to cause or refrain from any official action, irrespective of whether such action falls within the official’s authorized duties. Limiting language, such as the requirement of intent “to delay” official action, will be removed.

•  Clarification of definitions: Key terms including “person”, “property or other benefit”, “foreign country”, “foreign public official”, and “international organization” will be refined or expanded for greater legal certainty.

•  Introduction of new offense: Conspiracy to commit foreign bribery will be established as a standalone criminal offense.

•  Penalties: Sanctions for natural persons will be aligned in severity with those applicable to the bribery of Thai public officials. Corporate fines will be recalibrated to reflect the gravity of the offense, with consideration given to supplementary administrative measures, such as license suspension or revocation.

Enhancements to Corporate Liability Regime

Significant attention is being paid to the liability of juristic persons:

•  Associated persons: Revised definitions will clarify the categories of individuals and entities whose actions may trigger corporate liability.

•  Defense: An additional compliance defense will require not only the existence of adequate internal controls but also their effective implementation, supervision, and enforcement.

•  Independent corporate liability: The amendments will confirm that a juristic person’s liability persists independently of any prosecution or conviction of the individual perpetrator and remains unaffected by corporate restructuring, mergers, acquisitions, or changes in legal form.

•  Statutes of limitation: Appropriate limitation periods for corporate offenses will be reviewed to ensure effective enforcement.

Practical Implications for Businesses:

These amendments, once enacted, will have material consequences for Thai and foreign companies operating in or through Thailand:

•  Heightened compliance expectations: Companies will need to review and, where necessary, strengthen anti-bribery policies, due diligence procedures, and internal controls, particularly in relation to intermediaries, third-party payments, and cross-border transactions.

•  Increased enforcement risk: A clearer and broader offense, combined with robust corporate liability provisions, will facilitate more effective investigations and prosecutions, elevating reputational and financial risks associated with foreign bribery.

•  Investment and trade benefits: Alignment with OECD standards is expected to enhance international credibility, improve access to foreign investment, and support smoother cross-border business dealings. It will also position Thai companies more favorably in jurisdictions that apply strict anti-bribery due diligence requirements.

Key Takeaways:

•  The proposed amendments to the OAAC aim to bring Thailand’s foreign bribery laws into closer alignment with OECD standards, supporting potential accession to the OECD Anti-Bribery Convention.

•  Key changes include a significantly expanded foreign bribery offense, new conspiracy provisions, clarified definitions, and strengthened corporate liability rules.

•  Businesses should expect higher compliance standards, with particular focus on adequate and effectively enforced anti-bribery controls.

•  Successful implementation will enhance Thailand’s international reputation, reduce cross-border corruption risks, and support long-term economic competitiveness and foreign investment inflows.

Businesses are advised to monitor the legislative process closely and begin assessing their existing compliance programs in anticipation of these important reforms.

Author: Panisa Suwanmatajarn, Managing Partner.

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White Collar Crime: Systematic Manipulation and Fraud in the Stock Case

A coordinated group of 42 individuals executed a sophisticated scheme to manipulate trading in shares of a listed company, causing significant losses to brokerage firms and eroding confidence in Thailand’s capital market. The Civil Court adjudicated the civil aspects under case numbers black F.11/2566 and red F.121/2568, concluding that the conduct amounted to joint fraud, operation as an unlawful association (analogous to a criminal syndicate), and market manipulation contrary to the Securities and Exchange Act B.E. 2535.

The group was structured into three subgroups: planners who devised the strategy, supporters who submitted buy orders via automated trading programs (BOT), and account holders who supplied login credentials (username and password) in exchange for a share of profits, typically allocated on a 70:30 basis. To obscure their involvement and circumvent regulatory reporting thresholds, the perpetrators employed Non-Voting Depository Receipts (NVDR)—a mechanism that allows foreign investors to hold economic exposure to Thai listed shares without direct ownership or voting rights—and dispersed orders simultaneously across multiple brokerage firms.

A decisive piece of evidence was the discovery that, despite the dispersal, all buy orders originated from the same IP address, demonstrating centralized control from a single computer or location. This technical linkage, combined with traceable financial flows showing profit-sharing transfers, established the concerted nature of the enterprise.

The scheme culminated on November 10, 2022, with the placement of At-The-Open (ATO) buy orders at 2.90 baht per share for approximately 1.532 billion shares, representing a value of more than 4.4 billion baht—over ten times the average daily trading volume in the preceding 30 days. These transactions utilized cash accounts, which permit settlement two business days later (T+2). When payment became due, the perpetrators deliberately defaulted, obliging the brokerage firms, acting as intermediaries, to cover the obligations to the clearing house in accordance with Stock Exchange of Thailand rules. The resulting aggregate loss to the brokerages reached approximately 4.5 billion baht.

The Anti-Money Laundering Office froze 36 related asset items valued at approximately 5.34 billion baht (including accrued interest) to prevent dissipation during legal proceedings.

The Civil Court divided the proceedings into three main categories:

•  Fraud: The court ordered restitution or compensation to 10–11 affected brokerage firms totaling approximately 4.5 billion baht and directed the forfeiture of approximately 1.5 billion shares to the state.

•  Unlawful association: Additional restitution of around 129 million baht to the brokerage firms.

•  Market manipulation: Civil penalties of approximately 226 million baht, payable to the state.

Separate criminal prosecutions remain ongoing, with indictments issued against multiple defendants and further investigative actions continuing as of early 2026.

Key Takeaways:

•  Deliberate exploitation of automated trading systems, deferred settlement rules, NVDR structures, and multi-brokerage order dispersal can inflict severe systemic damage on securities markets.

•  Unified technical indicators—such as a common IP address—and linked financial transactions remain essential in proving conspiracy notwithstanding attempts at concealment.

•  Effective inter-agency collaboration among investigative authorities, anti-money laundering offices, and market regulators is critical for asset preservation, victim compensation, and deterrence.

•  The incident underscores the necessity of heightened surveillance over high-volume automated orders, cross-brokerage patterns, proxy account usage, and NVDR transactions to protect market integrity and sustain investor confidence.

Related Article: White-Collar Crime: A Comprehensive Analysis of Characteristics, Investigation Techniques, and the Critical Role of Computer Forensics – The Legal Co., Ltd.

Author: Panisa Suwanmatajarn, Managing Partner.

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Medical Advertising: Criminal Fraud Convictions for Doctor, Clinic Owner, and Agency in Misleading Stem Cell Campaign

In a landmark ruling delivered by the Criminal Court in 2025, three parties—a licensed physician, the owner of a private medical clinic, and the advertising agency they hired—were found guilty of criminal fraud under Section 341 of the Penal Code. The case centered on misleading online advertisements for stem cell therapy and anti-aging treatments. All three received prison sentences and fines, marking one of the strongest judicial responses to date against false medical advertising in Thailand.

Summary of the Court’s Findings:

The court determined that the defendants jointly created and published advertisements on Facebook and Line that contained the following false or exaggerated claims:

  • “Stem cell therapy can cure diabetes, high blood pressure, and knee degeneration permanently.”
  • “100 % success rate with no side effects”
  • “Patients will look 10–20 years younger after one treatment.”

The advertisements used before-and-after photos of patients (without proper consent or medical evidence) and included fabricated testimonials. When patients paid between 280,000 and 650,000 baht per course, they received only standard vitamin infusions or platelet-rich plasma (PRP), not the promised stem cell therapy.

The court ruled that:

  • The physician knowingly allowed his name and medical license to be used in the deceptive ads
  • The clinic owner approved and paid for the campaign despite knowing the claims were impossible to fulfill
  • The advertising agency designed the content, posted it, and collected the advertising fee, fully aware of the falsehoods

All three were convicted of fraud by deception, causing property loss to the victims (Section 341 Penal Code) and of violating the Medical Profession Act B.E. 2525 (1982) (using a physician’s name in misleading advertising) and the Consumer Protection Act B.E. 2522 (1979) (false advertising).

Sentences Imposed:

  • The doctor: 2 years imprisonment (suspended for 4 years) + 200,000 baht fine
  • The clinic owner: 2 years 6 months imprisonment (suspended for 5 years) + 300,000 baht fine
  • The agency director: 2 years imprisonment (suspended for 4 years) + 200,000 baht fine

The court also ordered all three defendants to pay compensation totaling 4.2 million baht to the 12 victim-patients who filed complaints.

Relevant Laws Applied in the Judgment:

  1. Penal Code, Section 341 – Fraud by deception causing property loss (maximum 3 years imprisonment and/or fine)
  2. Medical Profession Act B.E. 2525 (1982), Section 27 – Prohibits physicians from allowing their name to be used in false or exaggerated advertising.
  3. Consumer Protection Act B.E. 2522 (1979), Section 22 – Prohibits false, deceptive, or exaggerated advertising that may cause misunderstanding
  4. Medical Facilities Act B.E. 2541 (1998) – The clinic’s license was placed under review for allowing unethical advertising.

How These Laws Interact:

  • The Penal Code provides criminal punishment for the actual financial harm caused to patients.
  • The Medical Profession Act targets the doctor’s ethical breach and can lead to license suspension or revocation by the Medical Council.
  • The Consumer Protection Act allows the Consumer Protection Board to impose additional administrative fines and bans on advertising.
  • When all three laws are applied together, the court can impose both imprisonment and compensation, while the professional council and government agencies handle long-term sanctions (license loss, business closure)

Key Takeaways:

  • Shared Criminal Liability: For the first time, the entire chain—physician, clinic owner, and advertising agency—was held jointly criminally responsible for fraudulent medical ads.
  • No “Ignorance” Defense: Doctors cannot claim innocence by saying they merely lent their name; agencies cannot hide behind “client instructions” if they know claims are false.
  • Severe Consequences: Beyond fines and suspended sentences, defendants face civil compensation and potential professional sanctions (e.g., license revocation).
  • Patient Protection Strengthened: Victims can pursue remedies through criminal complaints, Consumer Protection Board filings, or Medical Council reports.
  • Deterrent Effect: The ruling signals stricter enforcement against exaggerated health claims, especially in high-value treatments like stem cells and anti-aging therapies.

Significance of the Ruling:

This judgment sends a clear message that misleading medical advertising is not merely an ethical violation but can constitute criminal fraud when it induces financial loss. Patients who have paid for treatments after seeing similar online ads are strongly encouraged to retain evidence (screenshots, receipts, chat records) and file complaints with the Consumer Protection Board, the Medical Council, and/or the inquiry officer.

Author: Panisa Suwanmatajarn, Managing Partner.

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White-Collar Crime: A Comprehensive Analysis of Characteristics, Investigation Techniques, and the Critical Role of Computer Forensics

  1. Introduction

White-collar crime, a term introduced by sociologist Edwin Sutherland in 1939, refers to non-violent crimes committed by individuals of high social status within the context of their occupation. These sophisticated offenses typically involve financial fraud, deception, or manipulation for personal or corporate gain. As technology advances, the landscape of white-collar crime continues to evolve, making computer forensics an increasingly crucial element in investigations and prosecutions.

  1. Characteristics and Common Types of White-Collar Crime

2.1 Defining Features

White-collar crimes are distinguished by several key characteristics:

  • Non-violent nature
  • Perpetrators of high social status or professional position
  • Occurrence within occupational settings
  • Financial motivation
  • Often complex and sophisticated schemes

2.2 Common Types

While white-collar crime encompasses a broad range of offenses, some of the most prevalent types include:

a) Fraud: A category encompassing various deceptive practices for financial gain.

  • Securities Fraud: Misrepresentation of information to manipulate stock markets or deceive investors.
  • Wire Fraud: Deception carried out through electronic means such as email, phone, or online platforms.
  • Mail Fraud: Fraudulent activities conducted using postal services.
  • Healthcare Fraud: False billing, unnecessary medical procedures, or prescription drug schemes.

b) Embezzlement: The misappropriation of funds entrusted to an individual, often by employees against their employers.

c) Money Laundering: The process of concealing the origins of illegally obtained money through a series of transfers or transactions.

d) Insider Trading: Trading of stocks or other securities based on material, non-public information about a company.

e) Cybercrime: Criminal activities carried out using computers or the internet, including hacking, phishing, and identity theft.

f) Tax Evasion: Illegal methods used to avoid paying taxes owed.

g) Bribery and Corruption: Offering, giving, receiving, or soliciting something of value to influence the actions of an official or other person in charge of public or legal duties.

person holding dollar bills while using a calculator
  1. Legal Elements and Prosecution

3.1 Proving White-Collar Crimes

Prosecutors must establish specific elements for each type of white-collar crime. Using fraud as an example, they typically need to demonstrate:

  • Materially false statements or omissions
  • Intent to deceive
  • Reasonable reliance on the fraudulent statements by the victim
  • Resulting damages or losses

The burden of proof in criminal cases requires establishing guilt beyond a reasonable doubt, which can be particularly challenging in complex white-collar crime cases.

3.2 Statute of Limitations

Many white-collar crimes have specific statutes of limitations, which can vary by jurisdiction and type of offense. For instance, in the United States, the statute of limitations for most federal crimes is five years, but some financial crimes may have longer periods.

  1. Penalties and Corporate Liability

4.1 Individual Penalties

Penalties for white-collar crimes can be severe, depending on the nature and scale of the offense:

  • Fines: These can range from thousands to millions of dollars.
  • Imprisonment: Sentences can vary from a few months to decades for severe cases.
  • Asset Forfeiture: Illegally obtained assets may be seized by authorities.
  • Restitution: Offenders may be required to repay victims for their losses.
  • Professional Consequences: Loss of professional licenses, disbarment, or industry bans.

4.2 Corporate Liability

In many jurisdictions, corporations can be held liable for crimes committed by their employees or agents. This concept, known as corporate criminal liability, can result in:

  • Substantial fines
  • Mandatory compliance programs
  • Deferred prosecution agreements
  • Reputational damage

To mitigate risk, many companies implement robust compliance programs. For example, Thailand’s Prevention and Suppression of Corruption Act B.E. 2561 (2018) requires corporations to implement internal controls to prevent bribery of state officials.

  1. Evidence Collection and the Critical Role of Computer Forensics

5.1 Traditional Evidence Collection

White-collar crime investigations typically involve gathering various types of evidence:

  • Financial records and statements
  • Emails and other electronic communications
  • Witness testimony
  • Expert analysis and reports
  • Surveillance footage
  • Physical documents and contracts

5.2 The Growing Importance of Computer Forensics

As white-collar crimes become increasingly technology-driven, computer forensics has emerged as a critical component of investigations. Computer forensics involves the collection, preservation, analysis, and presentation of digital evidence.

Key aspects of computer forensics in white-collar crime investigations include:

a) Data Recovery: Retrieving deleted files, emails, or other digital artifacts that may contain crucial evidence.

b) Network Analysis: Examining network traffic and logs to trace the origin and path of cyber-related crimes.

c) Mobile Device Forensics: Extracting and analyzing data from smartphones and tablets, which often contain valuable information about communications and financial transactions.

d) Cloud Forensics: Investigating data stored in cloud services, which can be challenging due to jurisdictional issues and data volatility.

e) Cryptocurrency Tracing: Following the trail of digital currency transactions, which are often used in money laundering and other financial crimes.

f) Metadata Analysis: Examining file metadata to establish timelines, authorship, and other critical details.

5.3 ACPO Guidelines for Electronic Evidence

The Association of Chief Police Officers (ACPO) in the United Kingdom has developed essential guidelines for collecting computer-based electronic evidence. These principles are widely recognized and adopted internationally:

  1. No action should change data held on a computer or storage media which may be subsequently relied upon in court.
  2. In circumstances where a person finds it necessary to access original data, that person must be competent to do so and able to give evidence explaining the relevance and implications of their actions.
  3. An audit trail or other record of all processes applied to computer-based electronic evidence should be created and preserved. An independent third party should be able to examine those processes and achieve the same result.
  4. The person in charge of the investigation has overall responsibility for ensuring that the law and these principles are adhered to.

These guidelines ensure the integrity and admissibility of electronic evidence in court proceedings, which is crucial in white-collar crime cases where digital evidence often plays a central role.

  1. Challenges in White-Collar Crime Investigations

Investigating and prosecuting white-collar crimes presents several unique challenges:

  • Complexity: Schemes can be intricate and difficult to unravel.
  • Resource Intensity: Investigations often require significant time and expertise.
  • Jurisdictional Issues: Crimes may cross state or national borders.
  • Evolving Technology: Perpetrators continually adapt to new technologies.
  • Data Volume: The sheer amount of digital data can be overwhelming.
  • Encryption: Strong encryption can hinder access to crucial evidence.
  1. White-Collar Crime in Thailand

While Thailand does not have specific legislation for white-collar crime, these cases are prosecuted under existing criminal related laws. Notable examples include:

  • Supreme Court decision No. 7317-7318/2555: A Ponzi scheme case where evidence included financial records, documents, and investment agreements.
  • Supreme Court decision No. 10741/2559: A financial statement fraud case involving falsified rental agreements, where evidence included company financial statements and fraudulent contracts.

Conclusion

White-collar crime presents ongoing challenges to law enforcement, regulators, and the legal system. The increasing sophistication of these crimes, particularly in the digital realm, underscores the critical importance of computer forensics in investigations. As technology continues to evolve, so too must the methods and tools used to detect, investigate, and prosecute white-collar crimes. By staying abreast of technological advancements and maintaining rigorous standards for evidence collection and analysis, authorities can more effectively combat these complex and damaging offenses.

Key Takeaways:

  1. Definition and Scope: White-collar crime encompasses non-violent financial offenses committed by high-status individuals in professional settings, ranging from fraud and embezzlement to cybercrime and insider trading.
  2. Legal Complexities: Prosecution of white-collar crimes requires proving specific legal elements and establishing guilt beyond reasonable doubt, often involving complex financial and technical evidence.
  3. Penalties and Liability: Consequences can be severe, including fines, imprisonment, asset forfeiture, and restitution. Corporate liability extends these risks to organizations, emphasizing the importance of robust compliance programs.
  4. Evidence Collection: Traditional methods involve gathering financial records, communications, and witness testimony, but digital evidence has become increasingly crucial.
  5. Computer Forensics: This field plays a critical role in modern white-collar crime investigations, involving data recovery, network analysis, mobile device forensics, and cryptocurrency tracing.
  6. ACPO Guidelines: The principles established by the Association of Chief Police Officers for handling electronic evidence are widely recognized and crucial for ensuring admissibility in court.
  7. Challenges: Investigations face obstacles such as complexity, resource intensity, jurisdictional issues, and rapidly evolving technology.
  8. International Dimension: As white-collar crimes often cross borders, international cooperation and standardized approaches to digital evidence are becoming increasingly important.
  9. Technological Advancements: Future trends in combating white-collar crime are likely to involve AI, machine learning, and enhanced blockchain analysis tools.
  10. Adaptability: The dynamic nature of white-collar crime necessitates continuous adaptation of investigative techniques, legal frameworks, and corporate compliance strategies.

Author: Panisa Suwanmatajarn, Managing Partner.

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Proposed Repeal of the Act Governing Offenses Arising from the Use of Cheques B.E. 2534 (1991): Reasons and Potential Consequences

In response to the growing popularity of internet and mobile banking, the Ministry of Justice has proposed the repeal of the Act on Offenses Arising from the Use of Cheques, B.E. 2534 (1991) (“the Act”). This proposal, actively soliciting public feedback since 2022, aims to assess the necessity and potential implications of repealing the Act.

Explanatory and Summary Memorandums

The proposal to repeal the Act is driven by its inconsistency with Section 77 of the Thai Constitution, which reserves criminal penalties for serious offenses, and Article 11 of the International Covenant on Civil and Political Rights (ICCPR), which prohibits imprisonment solely on the ground of inability to fulfill a contractual obligation.

Initial Purpose of the Act

The Act was originally intended to promote the use of cheques and ensure payment assurance for cheques creditors. However, the imposition of criminal penalties for civil defaults is inconsistent with constitutional and international principles.

Reasons for Repealing the Act

Inconsistencies and Limitations: The Act’s criminal sanctions contradict the Thai Constitution and impose unnecessary burdens on individuals, hindering their freedom to live and pursue careers. The proposed repeal aligns with international legal principles enshrined in Article 11 of the ICCPR, which prohibits imprisonment solely for failing to fulfill a civil contractual obligation.

Misuse Concerns: The Act imposes criminal penalties even in cases where individuals lack fraudulent intent or the funds to settle debts, raising concerns about its potential misuse as a tool of extortion.

low section of man against sky

Potential Consequences after Repealing the Act

Impact on the Economy: Repealing the Act may lead to an increase in bounced cheques, prompting banks to implement stricter due diligence and verification processes. This could mitigate risks but might also raise transaction costs for both banks and customers.

Impact on Society: Shifting from criminal penalties to civil remedies for bounced cheques could reduce the social and economic burden on financially struggling debtors, positively impacting their ability to live and pursue careers freely.

Impact on the National Budget: The repeal could decrease government spending on prosecutions related to cheque matters, potentially freeing up resources for other areas of the judicial system. Additionally, the number of individuals imprisoned for cheque matters might decline, reducing associated costs for maintaining incarceration facilities and providing prisoner care.

Conclusion

The proposed repeal of the Act aims to address inconsistencies and limitations, align with constitutional and international principles, and create a fairer approach to debt issues. While potential economic and budgetary considerations exist, the overall benefits of repeal seem to outweigh the drawbacks.

Author: Panisa Suwanmatajarn, Managing Partner.

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Cyberbullying VS Defamation

Cyberbullying is repeatedly and intentionally harassment, mistreatment, or making fun of people through digital devices. This action occurs on social media that users can view, contribute to, or share contents.

One example of cyberbullying offense associated with suicide is Rehtaeh Parsons, a 17-year-old Canadian student, who was a victim of sexual violence. The offender published her pictures of being raped on the website. After that, Rehtaeh’s school friends brutally cyberbullied her by sending text messages requesting to have sex with her several times. Even though Rehtaeh’s family escaped from the community, people kept harassing her through the internet, which caused her a mood swing and led her to hang herself. Finally, there was no charge for the cyber-bully. In response to Parsons’ suicide, the Nova Scotia Government enacted Cyber-Safety Act 2015. However, the provision in the definition of cyberbullying terminology was broadly and ambiguously as it applies to every offense which beyond the law’s objective. Consequently, the Nova Scotia Government repealed the Cyber-Safety Act 2015 and then enacted the new law instead, i.e., the Intimate Images and Cyber Protection Act 2017, narrowing down the definition of cyberbullying and allowing victims to seek protection from cyberbullying and sue the offender.

shouting woman with hands on head in dim red light

Under the Intimate Images and Cyber Protection Act 2017, cyberbullying requires to have an electronic communication, direct or indirect, causing or is likely to cause harm to another individual’s health or well-being where the person responsible for the communication maliciously intended to cause harm to another individual’s health or wellbeing or was reckless with regard to the risk of harm to another individual’s health or well-being.

Defamation offense as specified in Section 326 of the Thailand Penal Code, it is required to have the offender intending to impute the others, a third party as a receiver, and messages must damage others’ reputation or cause the others to be insulted or hated. If defamation is done by social media, it will be considered under Section 328 of the Penal Code, the offense of defamation will be considered as conducting defamation offence by advertising. This action can occur physically and online. There is no need to be recurring action, just intentionally imputing others to a third party only once is considered as defamation.

person holding white android smartphone

Cyberbullying is similar to defamation in that it asserts a person’s facts with the intent to injure the other’s reputation and cause the person to be dishonored or hated. The difference is Cyberbullying can occur on a private forum without a third party as a receiver, the intent can be reckless with regard to the risk of harm to others, and the action is a variety of types. On the other hand, defamation must have a third party as a receiver, the intent to impute the others, and the only action is imputing.

In Thailand, the cases of cyberbullying require the element of defamation offense, allowing the victim to sue the cyber-bully in a criminal case. The victims cannot sue the offender if the cases happen on a private forum that has only sender and receiver because it lacks the element of defamation offense in which there is no third party as a receiver. Furthermore, if the action is not imputing the others or the intent of cyberbullying is reckless with regard to the risk of harm, the victim cannot sue the offenders because there is no cyberbullying offense in Thailand even if that action causes damage to the mentality and reputation of the victim as same as defamation. In summary, using the comparative law, the Penal Code, cannot cover to the extent of cyberbullying. All cases cannot be considered as offenses and applied to penalties under Section 326 and Section 328. Therefore, it is necessary to define a specific cyberbullying offense, the method for punishing offenders, and injury compensation for victims in which it can be specified in the Computer-Related Crime Act B.E. 2560 (2017). For this purpose, it should be specified covering the action on the private forums, all types of cyberbullying, and expanding the intention to cover negligence to reduce bullying behaviors and keep the bully at a consistently low level in Thailand.

red text on dark background

Author: Panisa Suwanmatajarn, Managing Partner.

Related Article(s)

Thailand – defamation and insult can be considered as cyberbullying   – The Legal Co., Ltd.

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A draft Witness Protection Act B.E. …. (“Act”) proposed by the Ministry of Justice and reconsidered by Council of State of Thailand, has already been approved by the Cabinet. It will later be proposed to the Coordinating Committee of the House of Representatives for consideration before summitting to the Parliament for its final consideration. The purposes of amendment of this Act are for enhancing a protection reliability and appropriate protection measures for a witness especially in a criminal offence. The key revision of the Act are as follows:

  1. Revising the definition of “witness” to a person who commits himself/herself and presents at, or testify, or give evidence to competent officials for investigation, criminal interrogation, court for criminal proceedings, includes an expert.
  2. Adding crimes that the witness of the following crimes shall be arranged for special protection measures which are:
    • Offences related to the internal and external security of the state as specified in the Penal Code
    • Offences under Section 282, Section 283, Section 317, Section 318 or Section 319 in the Penal Code or the offences in the Anti-Human Trafficking Act B.E. 2551 or Prevention and Suppression of Prostitution Act B.E. 2539
  3. Reviewing and revising special measures for witness protection such as arranging for an accommodation to the witness, paying for a reasonable compensation to the witness or changing a name and surname of the witness and reinstate the same.
  4. Adding authority of the Minister of Justice or his authorized official to consider terminating special measures as they reasonably deem appropriate subject to the safety and normal life of the witness.
  5. Adding a provision to authorize a competent official to inspect a suspected person or vehicle with reasonable ground to believe that it will cause danger or threaten to the witness, his/her wife, husband, ascendent, descendent or person with close relation to him/her including having an authority to seize any article or asset that may cause insecurity to the witness, his/her wife, husband, ascendent, descendent or person with close relation to him/her

Author: Panisa Suwanmatajarn and Parita Preamsawat