The Office of the Consumer Protection Board (OCPB) has released a draft amendment to Thailand’s Consumer Protection Act B.E. 2522 (1979) that targets digital commerce and influencer marketing. While the amendment is not yet law, e-commerce businesses, content creators, and paid promoters operating in Thailand should look out for new disclosure duties around commercial content.
Under the current draft, advertising agencies, media owners, and other platforms would face broader liability for advertising that run through their channels. Penalties for false advertising and mislabelling are expected to increasing, along with criminal liability to businesses that operate non-compliant ads.
The OCPB is accepting public comments on the draft until 10 October 2026.
Changes to target e-commerce, live selling, and influencer marketing
Consumers in Thailand are primarily protected by the Consumer Protection Act B.E. 2522 (1979), having been enacted prior to e-commerce, social media, live-streaming, and affiliate marketing models that now drive a large portion of retail sales in the country. The OCPB’s draft amendment intends to bring the Act’s definitions and enforcement tools up to date with current retails trends.
The draft also gives OCPB officials new authority to order businesses to surrender computer data and electronic records where there is reasonable suspicion of a violation. It also empowers the OCPB to cooperate with foreign regulators and international organizations on consumer protection matters, reflecting the cross-border nature of much online advertising and sales activity.
Under the draft, several core terms in the Consumer Protection Act have been broadened:
- Consumer: extended to cover nonprofit juristic persons and people who receive unsolicited business offers, not only those who pay for goods or services directly.
- Business operator: now expressly includes advertising business operators and “hired advertising persons,” a category built for the influencer economy.
- Advertising media: broadened to include digital platforms, social media services, and individual social media accounts used for advertising.
- Label: extended to cover electronic labels, meaning symbols, QR or barcodes, or other electronic formats that display product information, not only physical labels.
- Hired advertising person for selling goods or services: a new defined category covering influencers, content creators, live streamers, affiliate marketers, and virtual media operators who receive payment or other benefits for promoting goods or services.
Furthermore, a hired advertising person must clearly disclose that their content is advertising and disclose their relationship with the business behind it. Disclosure would be required where:
- the business has engaged the advertiser to promote its goods or services;
- payment or other benefits have been provided in exchange for the promotion;
- free or discounted products or services have been supplied for promotional content; and
- consumers would not otherwise recognise the commercial connection between the advertiser and the business.
The obligation is designed to apply broadly. It covers reviews, live-stream sales, and affiliate links, not only conventional sponsored posts.
Additionally, importers of label-controlled goods would be required to prepare compliant labels within 30 days of customs clearance. The OCPB’s Labelling Committee would gain authority to require businesses to keep accounts, documents, and supporting evidence available for inspection.
Penalties
The draft doubles penalties for most violations under the Consumer Protection Act, a stronger enforcement stance from the regulator that will mean a stricter approach to labelling requirements in particular. False advertising and labeling breaches carry imprisonment of up to one year and fines of up to THB 200,000, rising to up to two years and THB 400,000 for repeat offenders. Advertising rule violations carry penalties of up to six months and THB 100,000.
Significantly, the draft extends criminal liability explicitly to advertising media owners, including digital platforms, and to advertising operators. Liability applies at the same level as the underlying offender. A platform that hosts non-compliant advertising could face liability under the amended Act, not only the business or influencer that placed it.
What should e-commerce platforms and operators look out for?
Brands and advertisers should review influencer contracts and campaign guidelines, adding mandatory disclosure clauses and a content approval process. They should also audit current influencer and live-stream campaigns against the draft’s disclosure and advertising claim requirements, and check import and labelling processes against the proposed 30-day labelling deadline.
Influencers and content creators should adopt consistent, clear disclosure practices, such as #ad or #paidpartnership, across all sponsored content and platforms. Before promoting any product, particularly in health, finance, alcohol, tobacco, and digital asset categories, they should confirm its legality and check for required regulatory approvals or reference numbers. They should also keep records of brand agreements, payments received, and any regulatory reference numbers cited in content.
Platforms, agencies, and media owners should assess their exposure under the broadened “business operator” and “advertising media” definitions, and strengthen internal content review, takedown, and record-keeping processes to prepare for possible data requests and expanded shared liability.
For advice on how these proposed changes may affect your business, contact Silk Legal.
This article is for general information purposes only and does not constitute legal advice. For advice specific to your circumstances, please contact Silk Legal.
