Legal definitions
In Thailand, a child is an unmarried person under 18 years old, while a youth is between the ages of 18 and 25 years. According to another law, a person under 20 years old is a minor. There is no specified age of consent for sexual activity. The general legal age of consent in the Civil Code is 20 years old.
The definition of “child pornography” is clearly articulated and broad enough to encompass computer-generated images or videos of CSAM. Child sexual exploitation, sexually explicit conduct, enticement/grooming, and sextortion are not specifically defined, but similar concepts exist in existing relevant laws. “Child sexual abuse” is not explicitly defined but determined on a case-by-case basis by the relevant court.
Regulatory requirements/recommendations
Online platforms are not required to review, screen, moderate, detect, remove, or report any online child sexual exploitation content under existing legislation, but courts can order online platforms to perform those functions as remedies in a civil lawsuit.
Age verification requirements/recommendations
Online platforms are not required to implement any method of age verification before a user can access their services.
Parental consent requirements/recommendations
Online platforms are not required to obtain parental consent before allowing a child to access their services. However, under a comprehensive data protection law, online platforms are required to obtain parental consent before collecting personal data of a minor under the age of 10 years.
Legal remedies for child victims
There are civil and criminal legal remedies available for victims of child exploitation, and victims can seek both monetary compensation and criminal penalties for offenders. Online platforms may be ordered by a court to destroy or take down data to prevent the spread of CSAM. At a victim’s request, a court may issue injunctions to stop the publication of CSAM depicting the victim, under certain circumstances. Criminal punishment generally includes imprisonment and fines, and offenders—if convicted—may be required to publicly apologize.
"Safety by Design" requirements
Online platforms are not required to incorporate “Safety by Design” into their systems.