Law
Legal Uncertainty Surrounding Alcohol Advertising in Thailand
A former committee member warns that the lack of secondary legislation regarding alcohol advertising creates a legal vacuum, potentially putting individuals at risk of fines.
According to a report by Prachachat Business, Arthit Sivahansaphan, a former member of the extraordinary committee for the Alcohol Control Act, has highlighted a significant regulatory gap in Thailand. The issue centers on the absence of secondary legislation (subordinate laws) related to Section 32 of the Alcohol Control Act, which governs the advertising of alcoholic beverages.
Arthit noted that this legislative vacuum makes it difficult to effectively enforce advertising restrictions. He cited the recent high-profile case involving the celebrity 'Lisa' and her social media post featuring an alcoholic beverage as an example of the current ambiguity. Because the specific regulations required to clarify the law have not yet been enacted, there is a lack of clear guidance on what constitutes a violation.
For residents and travelers in Thailand, this situation creates uncertainty regarding social media conduct. While the law remains in a state of flux, individuals may face risks of fines if their online activities are interpreted as promotional. It remains to be confirmed when the government will finalize the necessary secondary legislation to provide clear legal boundaries. Until such regulations are officially published, the interpretation of Section 32 remains subject to debate among legal experts and authorities.
