You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

June 9, 2017

The Amended Computer Crimes Act: Important Changes for Business Operators

Subscribe to Updates
Bangkok Post, Corporate Counsellor Column

The Act Governing Commission of Offences Relating to Computers (generally known as the Computer Crimes Act) was enacted in 2007. Over the last decade, several high-profile cases have appeared in the media, especially when celebrities or models lodged criminal charges under the Act. Its application in criminal defamation cases has also been the subject of a lot of comment.

But the Computer Crimes Act is not only relevant to celebrities; it’s important to all businesses that use computers in their operations. This article discusses how certain recent amendments to the Computer Crimes Act that are now in force have important implications for business owners in Thailand.

Spam Emails

Under the amended Act, a business may face criminal punishment if it sends computer data or emails that cause trouble or annoyance to recipients without an option to allow the recipient to easily cancel, unsubscribe, or inform the sender to cease sending further emails or computer data. The penalty for such actions is a maximum fine of THB 200,000. From now on, if business operators send any emails or e-bulletins to their customers and fail to provide an easy way for recipients to cancel or unsubscribe, the business operators will be criminally liable if the emails or e-bulletins are deemed to have caused trouble or annoyance.

Greater Penalties for Hackers

Businesses that use computer systems that involve national security, public safety, national economic security, or infrastructure that concerns the public interest are now more protected from hackers due to an increase in criminal penalties for offenders who use a computer in crimes against these systems. Offenders will face more severe criminal penalties compared to offenses against a computer system used by normal business owners, with fines from THB 20,000 to THB 140,000, and imprisonment from one year to seven years. More severe penalties may also be imposed if the crime results in damage or other impacts to protected systems, or if the crime unintentionally results in the death of a person.

False Information

An offender who dishonestly or deceitfully brings false, distorted, or forged information or data into a computer system in such a way that is likely to cause damage to the public will face imprisonment not exceeding three years or a fine not exceeding THB 60,000, or both. For the law to apply to such an offense, it is not a defamation offense under the Penal Code and must be targeted at an individual. This offense is compoundable, which means both parties can settle.

Service Providers

Any service provider that cooperates with, consents to, or connives to certain offenses under the amended Act, such as dishonestly or deceitfully bringing false, distorted, or forged information or data into a computer system under the service provider’s control, will face criminal penalties. The Minister of Digital Economy and Society has the authority to issue an announcement to determine the processes for issuing a warning, termination of the circulation of the computer data, and removal of the computer data from the computer system. A service provider will be waived from criminal penalties if it can prove that it has complied with such an announcement.

Altered Images

It is a crime to alter, edit, or modify another person’s image or to place it onto a computer system which the public can access, in a manner likely to cause the person to suffer damage to his or her reputation, to be insulted, to be detested, or to suffer humiliation. The owner of the altered image and other offenders will face more severe criminal penalties under the amended Act, with imprisonment not exceeding three years or a fine not exceeding THB 200,000. The amended law also includes an offense related to pictures of deceased persons.

Expanded Court Authority

Under the amended Act, the court has new authority pertaining to computers and can order the destruction of data. The court can also publish a judgment wholly or partially through electronic media, broadcast radio, broadcast television, newspaper, or other media which it deems appropriate. The court also has the authority to order other actions deemed necessary to remedy injury arising from an offense.

Settlement

Some offenses, such as the unauthorized access of a computer system, disclosure of preventive measures for accessing a computer system, or bringing false information into computer system, can be settled by a committee appointed by the Minister.

Computer Data Screening

The Minister has the authority to appoint a computer data screening panel, which may assign an officer to request that the court orders the cessation of circulation of computer data, or the deletion of computer data, when there is circulation of computer data that constitutes a crime under the Act, affects the security of Thailand, or conflicts with peace and order, or good morals.

The amended Act also addresses other important issues, and business owners should therefore be aware of potential criminal implications when their business operations involve computer data or a computer system.

Download Full Article
Related Professionals

Industries

Technology

Practices

Dispute Resolution and Litigation

Location

RELATED INSIGHTS​ 

September 11, 2026
Thailand’s National Broadcasting and Telecommunications Commission (NBTC) has published a new five-year master plan that will bring significant regulatory changes to the broadcasting and digital media sectors, including formal licensing requirements for internet-based audiovisual services. The Master Plan for Broadcasting and Television, 3rd Edition (B.E. 2569–2573/2026–2030) was published in the Government Gazette on September 1, 2026, and will affect OTT platforms, internet-based audiovisual service providers, and traditional broadcasters. Licensing Reform The NBTC will develop new licensing frameworks ahead of existing digital television license expirations, which are slated to occur between 2028 and 2030. This creates both uncertainty and opportunity for incumbents and new market entrants. New licensing criteria will also be developed for audiovisual services delivered over the internet, meaning previously unregulated internet-based providers may face licensing, fee, and content obligations for the first time. The plan also calls for a new law to govern converged communications services. OTT Regulation and Content Oversight The plan explicitly acknowledges and aims to lessen the regulatory asymmetry between traditional broadcasters—which are subject to licensing, fees, and content regulation—and internet-based services that currently face fewer obligations. The NBTC intends to develop regulatory frameworks to bring internet-based audiovisual services, including OTT platforms, streaming services, and user-generated content platforms, under content, consumer protection, and licensing requirements. Consumer Protection and Digital Rights The NBTC will strengthen its oversight of broadcasting, television, and telecommunications operators to ensure compliance with consumer protection and personal data protection requirements. This includes updating relevant notifications and orders and more strictly enforcing rules against practices that unfairly exploit consumers. These measures may layer NBTC-specific requirements on top of Thailand’s existing Personal Data Protection Act obligations. Stricter enforcement against practices that exploit consumers is a priority, with particular scrutiny on advertising practices. The NBTC will modernize complaint resolution processes, meaning service providers should
Read More
September 7, 2026
On September 4, 2026, Thailand’s prime minister convened the first meeting of the Data Center Business Policy Committee. The committee endorsed a draft policy framework for the data center industry and tasked four subcommittees with developing the standards that would sit beneath it, shifting away from fragmented, agency-by-agency approvals toward a unified national strategy aiming to maximize economic value while managing environmental and infrastructure concerns. Proposed Scope and Pillars of the National Data Center Policy Framework The proposed framework would cover all types of data centers, including internal or captive facilities operated within a company or its affiliates, rather than only commercial third-party providers. If adopted in this form, companies running private data centers purely for internal purposes would also become subject to regulatory oversight. Minimum safety and operational standards would be established, with uniform enforcement across all categories. The committee endorsed a draft policy framework with four key pillars: Industrial classification: Data centers exceeding 2 MW would be classified as industrial operations, which may require factory licenses and environmental impact assessments under the Factory Act. Resource pricing: Utility rates would be structured to reflect both direct and indirect costs, supporting green energy and green data center standards. Centralized screening: A centralized review would evaluate project suitability and resource allocation. Operators may be required to submit proposals through periodic “pitching” rounds, where projects are competitively assessed on their potential economic and strategic benefits to Thailand. Digital ecosystem: The framework would prioritize data sovereignty, tax incentives, and conditions promoting domestic digital businesses, AI, and cloud infrastructure. Multidimensional Evaluation Criteria and Subcommittees Four subcommittees will be established to develop standards responsible for the following dimensions: Economic: Criteria for assessing the economic viability of data center projects, for use in prioritizing data centers based on infrastructure readiness, demand type (including AI factories),
Read More
September 4, 2026
Foreign business restrictions on telecommunications, treasury center businesses, and intragroup support services were eased when Thailand published the Ministerial Regulation Prescribing Service Businesses Not Requiring Permission for Foreign Business Operations (No. 5) B.E. 2569 (2026) in the Government Gazette on August 28, 2026. The ministerial regulation expands the categories of service businesses that foreign investors may operate without a foreign business license (FBL) under the Foreign Business Act B.E. 2542 (1999) (FBA). Of particular relevance to the telecommunications, fintech, and technology sectors, the ministerial regulation exempts: Type 1 telecommunications licensees, which do not have their own networks; Treasury center businesses operated in accordance with Thailand’s exchange control regulations; and Certain intragroup administrative, human resources, and information technology management services. Telecommunications Services Foreign-owned businesses providing telecommunications services under a type 1 telecommunications license may now operate without obtaining an FBL. This may streamline market entry for qualifying telecommunications and digital infrastructure businesses. The exemption applies only to the FBA licensing requirement. Operators must continue to comply with applicable requirements under the Telecommunications Business Act and the regulations of the National Broadcasting and Telecommunications Commission, and the change does not affect foreign ownership restrictions applicable to type 2 or type 3 telecommunications businesses. Treasury Center Businesses The ministerial regulation also exempts qualifying treasury center businesses from the FBL requirement. This may facilitate centralized treasury functions in Thailand, including liquidity management, foreign exchange management, and intragroup funding arrangements. Treasury center operations remain subject to applicable requirements of the Bank of Thailand and other competent authorities. Intragroup Administrative, HR, and IT Services Certain administrative, human resources, and information technology management services provided between affiliated entities are also exempt, provided the relevant entities satisfy prescribed ownership or management criteria. The exemption is available where the service provider and recipient are related through specified ownership
Read More
September 2, 2026
Thailand and China have a longstanding and significant trade relationship, which increasingly extends to e-commerce and digitally enabled supply chains. While these channels create new opportunities for businesses to reach consumers across borders, their growth also brings greater exposure to intellectual property (IP) infringement across jurisdictions and online platforms. Effective cooperation between the two countries’ enforcement authorities has therefore become increasingly important. To strengthen cooperation in this area, Thailand and China signed a memorandum of understanding (MOU) on IP enforcement in Beijing on July 20, 2026, during the Thai prime minister’s official visit to China. Officially titled “Memorandum of Understanding Between the State Administration for Market Regulation of the People’s Republic of China and the Ministry of Commerce of the Kingdom of Thailand on Cooperation in the Field of Intellectual Property Enforcement,” the MOU forms part of a broader bilateral agenda covering industrial and supply chains, participation by micro, small, and medium-sized enterprises (MSMEs), cooperation associated with the ASEAN–China Free Trade Area 3.0, and progress on the registration of Thai geographical indications in China. The MOU establishes a bilateral framework for cooperation and coordination in five broad areas: Strengthening dialogue in IP enforcement; Enhancing information sharing; Facilitating the enforcement of IP rights in cases arising in the parties’ domestic markets and on online platforms, in accordance with their respective domestic laws; Promoting cooperation in IP enforcement training and human resource development; and Undertaking other cooperation activities agreed upon by both sides. The Department of Intellectual Property (DIP) will serve as the principal coordinating agency for Thailand, while the Bureau of Law Enforcement and Inspection in China’s State Administration for Market Regulation (SAMR) will serve in that role for China. The framework is particularly relevant to the growth of e-commerce, as it covers infringement in the domestic markets and on
Read More