Thailand’s Office of the Consumer Protection Board (OCPB) has released for public comment a draft bill to amend the Consumer Protection Act B.E. 2522 (1979), the country’s foundational consumer protection legislation. The draft amendment aims to modernize the nearly five-decade-old framework to address the rapid growth of digital commerce, online advertising, influencer marketing, and new business models. The public consultation period is open until October 10, 2026.
Expanded Definitions Covering Digital Commerce
The draft significantly broadens several core definitions to capture modern commercial activities:
- “Consumer” is expanded to include natural persons and nonprofit juristic persons who purchase or receive services, including those solicited by businesses and end users who do not directly pay for the goods or services.
- “Business operator” now explicitly covers advertising business operators and hired advertising persons, such as influencers and content creators.
- “Advertising media” is expanded to include digital platforms, social media, and social media user accounts.
- “Label” now encompasses electronic labels—symbols, codes, or other electronic formats displaying product information.
Influencer and Advertising Disclosure Requirements
In addition to these expanded definitions, “hired advertising person for selling goods or services” is a new definition covering influencers, content creators, live streamers, affiliate marketers, and virtual online media operators who receive monetary compensation or other benefits for advertising goods or services.
Hired advertising persons—including influencers and content creators—must disclose to consumers that content is advertising and reveal their relationship with the business owner. Disclosure is required when the business owner employs the advertiser, pays or provides other benefits for the advertisement, or provides free or discounted products or services. These requirements apply where consumers would not otherwise know that the business has a connection to the person presenting the content.
Labeling Requirements for Importers
The draft introduces a clearer labeling obligation for importers of label-controlled goods, who must prepare labels within 30 days of customs clearance. The OCPB’s Labeling Committee may also issue notifications requiring businesses to prepare and maintain accounts, documents, and evidence for inspection.
Enforcement, Ongoing Regulation, and Penalties
Officials will gain new authority to order business operators to surrender computer data and electronic data when there is reasonable suspicion of a violation. The OCPB also gains authority to cooperate with foreign countries and international organizations on consumer protection matters. To allow for faster updates to certain rules, subordinate regulations on advertising and labeling will be issued as committee notifications rather than as ministerial regulations.
The draft substantially increases criminal penalties for breaching the Consumer Protection Act. Imprisonment ranges from 6 months to 2 years, and fines range from THB 100,000 to THB 400,000, depending on the offense. For example, intentional false advertising or labeling carries up to 1 year imprisonment and/or a 200,000 THB fine, with repeat offenders facing up to 2 years and/or 400,000 THB. Producers or importers selling label-controlled goods without compliance face up to 2 years imprisonment and/or a 400,000 THB fine. Advertising rule violations carry up to 6 months imprisonment and/or a 100,000 THB fine. Administrative fines of up to 100,000–200,000 THB apply to labeling-related infractions. Importantly, criminal liability is extended explicitly to advertising media owners (including digital platforms hosting advertisements) and advertising operators, who face the same penalty levels as the underlying offenders.
Next Steps
Businesses operating in Thailand—particularly those involved in e-commerce, digital advertising, influencer marketing, and the importation of consumer goods—should carefully assess how the proposed amendments may affect their operations. In particular:
- Brands using influencer marketing should review and update their influencer agreements, guidelines, and contracts to incorporate mandatory disclosure language in anticipation of the new requirements.
- E-commerce and online platform operators should evaluate whether their advertising channels—including social media accounts and platform-based promotions—trigger new compliance obligations under the expanded definitions.
- Importers of label-controlled goods should review and adjust their supply chain and labeling processes to meet the strict 30-day labeling deadline after customs clearance.
- Advertising agencies and media companies should implement robust compliance review processes, given the extension of criminal liability to media owners and advertising operators at the same penalty level as the underlying offenders.
In addition, all business operators should ensure their data governance and recordkeeping practices are adequate in light of the new authority for officials to demand electronic data and computer records.
Stakeholders are encouraged to submit comments during the public consultation period open through October 10, 2026.
The draft is still subject to further revisions before proceeding through the legislative process.