On 8th September 2015, the amendments to the Penal Code of Thailand were published in the Royal Thai Government Gazette as codified in the Amendment to Penal Code Act (24th edition) B.E. 2558 (“Amendments”). The Amendments shall be effective 90 days after its publication (being on 7th December 2015).
The Amendments have prescribed the penalty regarding “Child Pornography”, as separate from the current pornography penalty specified in the Penal Code of Thailand. A summary of this amendment is as follows:-
- Having any Child Pornography for sexual benefits to oneself or other persons, shall be subject to an imprisonment not exceeding 5 years or a fine not exceeding THB 100,000, or both.
If the person who committed the above activity disseminated such Child Pornography to other persons, that person shall be subject to a term of imprisonment not exceeding 7 years or a fine not exceeding THB 140,000, or both; and
For the purpose of trade or by trade, for public distribution or exhibition, makes, produces, possesses, brings or causes to be brought into Thailand, sends or causes to be sent out of Thailand, takes away or causes to be taken away, or circulates by any means whatever, any Child Pornography; or
Carries on trade, or takes part or participates in the trade concerning any Child Pornography, or distributes or exhibits to the public, or hires out such Child Pornography; or
Assists in the circulation or trading of any Child Pornography, propagates or spreads the news by any means whatsoever that there is a person committing the acts prescribed above, or propagates or spreads the news that the Child Pornography may be obtained from any person or by any means,
Such person shall be subject to an imprisonment from 3 to 10 years with a fine from THB 60,000 to THB 200,000.
The Amendments have prescribed the meaning of “Child Pornography” as being a material or thing showing or displaying any sexual activities of a child or with a child who is under 18 year olds by picture or text or by any means whatsoever, any document, painting, print, printed matter, picture, poster, symbol, photograph, cinematograph film, magnetic sound-recording tape, magnetic picture-recording tape or any other similar things, including any aforementioned subject or thing which is recorded in computers or electronic devices which can be shown or displayed.
Should you have any queries about these Amendments or your other queries on Thai laws, please do not hesitate to contact us.