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January 8, 2026

Online Takedown Obligations under Thailand’s Enhanced Sexual Harassment Framework

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Thailand has enacted comprehensive sexual harassment legislation that significantly expands criminal penalties and creates new compliance obligations for online platform operators. The Act Amending the Penal Code (No. 30) B.E. 2568 (2025), enacted on December 29, 2025, and taking effect the following day, introduces a comprehensive definition of sexual harassment, establishes new criminal offenses with graduated penalties, and imposes content removal obligations on social media platforms and computer system service providers.

The amendment, which establishes a comprehensive framework for addressing sexual harassment in both physical and digital environments, significantly expands legal exposure for online service operators. It also grants courts authority to order takedowns of violating data accessible to the public.

Definition of Sexual Harassment

The law introduces “sexual harassment” as a distinct statutory concept covering physical conduct, verbal conduct, sounds, gestures, expressions, postures, communications, surveillance, stalking, and acts committed through computer systems or electronic devices. Conduct qualifies as sexual harassment when it is sexual in nature and likely to cause the victim distress, annoyance, embarrassment, humiliation, fear, or a sense of sexual insecurity.

Criminal Offenses and Penalties

The amended Penal Code establishes graduated penalties based on the severity and context of the harassment—including enhanced penalties for public or online conduct. For instance:

  • Basic sexual harassment is punishable by imprisonment for up to one year, a fine of up to THB 20,000, or both.
  • Continuous or repeated harassment that prevents normal life escalates penalties to imprisonment for up to two years, a fine of up to THB 40,000, or both.
  • Critically for online operators, harassment committed in public places, in the presence of the public, or through computer systems accessible to the general public triggers imprisonment for up to three years, a fine of up to THB 60,000, or both.
  • Acts of harassment committed by supervisors, employers, or others in positions of authority over victims are punishable by imprisonment for up to three years, a fine of up to THB 60,000, or both.
  • Acts of harassment involving children under the age of 15, regardless of consent, are punishable by imprisonment for up to five years, a fine of up to THB 100,000, or both.

Court-Ordered Takedown Obligations for Platform Operators

The amendment creates direct legal exposure for computer system controllers and service providers through mandatory content removal provisions.

When sexual harassment occurs through the introduction of obscene data into publicly accessible computer systems, a court may order the person who introduced the data to suspend dissemination and remove it within a specified period. Where necessary for public order or good morals, courts may also order computer system controllers or service providers to suspend dissemination and remove the data, or may direct competent officials under relevant laws to execute the order and report results within 15 days.

Failure to comply with a court takedown order subjects the data introducer, system controller, or service provider to imprisonment of up to six months, a fine of up to THB 10,000, or both.

Preventive Orders and Ongoing Compliance Requirements

Courts may issue prohibitory orders lasting up to two years to prevent defendants from engaging in specified acts when there are reasonable grounds to believe there would be continued harassment or interference with the victim’s normal life. These orders can be issued on the court’s own initiative or upon request by prosecutors, plaintiffs, victims, or competent officials, regardless of whether penalties are imposed. Violation of such an order is punishable by imprisonment for up to six months, a fine of up to THB 10,000, or both.

Next Steps

Operators of computer systems and online platforms accessible to the public should maintain documented internal procedures and sufficient technical capability to implement court-ordered takedowns, and establish clear escalation protocols to ensure compliance within court-specified deadlines.

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