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May 14, 2025

Thailand Seeks Comments on Draft Safe Harbor Rules for Social Media Platforms

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Following the amendment to the Emergency Decree on Measures for the Prevention and Suppression of Technological Crimes in mid-April 2025, new measures were introduced by the Electronic Transactions Development Agency (ETDA) in a hearing session held on May 13, 2025, to establish shared liability between online social media platform operators and other in-scope operators for damages arising from technological crimes. Stakeholders are being invited to submit their comments on the proposed new provisions directly to the ETDA by May 20, 2025.

The concept of the new measures for social media platform operators is that to be released from liability for damages arising from technological crimes, social media platform operators must demonstrate compliance with the relevant technological crime prevention standards and measures prescribed by their respective regulators (“safe harbor rules”).

Safe Harbor Rules

Under the principles of the proposed safe harbor rules, social media platform operators and the relevant service providers would be required to comply with the following obligations:

  • Immediate takedown and suspension of dissemination: Disable access, remove the content from the system, or suspend the relevant service within 24 hours of receiving an official notification from the Cyber Crime Investigation Bureau’s Anti-Online Scam Operation Center (AOC) that a service or social media platform is disseminating content that is or may be used to commit or support technological crimes.
  • Establishment of notification channels: Establish a system or channel to receive notifications from the AOC.
  • User registration and identity verification: Require user registration (including identity verification and authentication) before allowing content to be posted, with sufficient information to identify the user.
  • Suspending dissemination of suspect advertisements: Disable access to advertisements reasonably suspected of involving or potentially involving the commission of technology-related crimes.
  • Reporting: Report on actions taken, including details like account owner information, IP address, email, or phone number used for account opening, and identity verification related to any incidents.
  • Account suspension: Suspend account registration for applicants who use any information linked to technological crimes during the signup process.
  • Other compliance duties: Comply with any additional measures for preventing technological crimes imposed by the AOC.

Next Steps

At this stage, the ETDA has not yet provided detailed standards or implementation guidelines. These measures remain under study to ensure they are both effective and practically feasible for social media platform operators.

It is anticipated that the first measure to be implemented will be the takedown requirement. Other measures may be subject to further discussions with social media operators.

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