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

May 14, 2025

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

Subscribe to Updates

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.

Related Professionals

Industries

Technology

Location

RELATED INSIGHTS​ 

July 23, 2025
On July 4, 2025, Thailand’s Electronic Transactions Development Agency (ETDA) issued two significant notifications that introduce new compliance requirements for ride-hailing platforms operating in the country. The notifications formally designate these platforms as high-impact digital services under section 18(3) of the Royal Decree on Digital Platform Service Businesses and impose a comprehensive set of additional operational obligations. These measures are designed to address regulatory gaps and enhance oversight of digital platforms providing public passenger vehicle or motorcycle ride-hailing services. First, the Notification on the Designation of Ride-Hailing Platforms under section 18(3) formally designates all ride-hailing platforms that have notified the ETDA of their operations as high-impact digital platform services under section 18(3) of the royal decree. Unlike high-risk marketplace platforms, which are named individually, any ride-hailing platform that has notified the ETDA of its operations is automatically subject to these new requirements. Next, the Notification on Additional Obligations for Ride-Hailing Platforms imposes further obligations on ride-hailing platforms, supplementing the general requirements under section 21 of the royal decree. These notifications will come into force 90 days from their publication in the Government Gazette. New Compliance Obligations The new regulatory framework introduces a range of operational, technical, and reporting requirements for ride-hailing platforms, particularly concerning the issues described below. Vehicle and Driver Compliance Operators must: Ensure that all vehicles used on the platform are registered as public vehicles in accordance with Department of Land Transport requirements Verify all drivers hold valid public driving licenses Collect service fees in compliance with applicable fare regulations under the Vehicle Law Digital Platform Features and User Verification Operators must implement robust digital platform features for both drivers and riders, including: Comprehensive identity verification and confirmation processes for drivers and riders, utilizing both face-to-face and non-face-to-face methods, including biometric and digital ID checks Real-time GPS
Read More
July 17, 2025
On July 9, 2025, Thailand issued a notification that introduces comprehensive operational requirements for digital platform service providers operating as goods marketplaces, effective December 31, 2025 (i.e., 180 days after its publication in the Government Gazette). The regulation’s official name is Notification of the Electronic Transactions Committee Re: Other Actions for Digital Platform Service Operators in the Category of Marketplace for Goods with Specific Characteristics under Section 18(2) of the Royal Decree on the Operation of Digital Platform Service Businesses that are Subject to Prior Notification B.E. 2565 (2022), B.E. 2568 (2025). Scope of Application The notification applies exclusively to goods marketplace operators formally designated by the Electronic Transactions Development Agency (ETDA), which on the same day designated 19 platforms that had previously notified the ETDA of their operations. The goods requiring enhanced oversight by these operators are limited to those regulated by the Thai Food and Drug Administration (FDA) and the Thai Industrial Standards Institute (TISI). Development from Earlier Draft An earlier draft of the notification had included a requirement for offshore platforms to establish a local entity, but this requirement was removed from the final notification. Key Obligations Despite the removal of the local entity requirement, the notification imposes a range of additional obligations on designated goods marketplace operators: Transparency. Operators must implement robust transparency measures, including clear, accessible, and understandable disclosures to users in Thai. These disclosures must cover all relevant terms and conditions, comprehensive product information, and complaint management procedures. Operators must also submit an annual compliance report to the ETDA within 60 days after the end of their accounting period, including statistics on regulated goods. Business user registration and identity verification. Before permitting the sale or advertisement of regulated goods, operators must collect and verify business user information, including contact details, identification documents, registration
Read More
July 15, 2025
Thailand has established new safe harbor rules that require social media platforms to remove specified content within 24 hours of government notification. On July 5, 2025, the Notification of the Electronic Transactions Commission on Measures to Prevent Technological Crimes for Social Media Service Providers was issued and took effect. This followed a hearing in May 2025 where only a select group of social media and online communication platform operators were invited to attend and comment on draft rules that could exempt social media platform operators from joint liability under the amended Emergency Decree on Measures for the Prevention and Suppression of Technological Crimes in cases involving victims of technological crimes. Safe Harbor Rules The notification stipulates procedures that must be followed in order to receive the protection of the safe harbor rules. Upon being notified by the Division of Prevention and Suppression of Cybercrime, Office of the Permanent Secretary of the Ministry of Digital Economy and Society (MDES) of the presence of false or misleading information that may lead to the commission of a technological crime, social media service providers must immediately take down the specified content, with a maximum allowable turnaround time of 24 hours from the time of receiving the notification. Social media service providers are required to promptly report the outcome of each takedown to the MDES Division of Prevention and Suppression. This shift in Thailand’s regulatory approach to social media content moderation establishes clear government oversight mechanisms while providing platforms with liability protection for compliance. As the new rules took immediate effect, social media platforms need to ensure that they have adequate systems and processes in place to comply with the requirements.
Read More
July 11, 2025
Vietnam’s recent embrace of “regulatory sandboxes” reflects a deliberate policy choice to balance the need for robust oversight with an equally pressing imperative to catalyze innovation. A sandbox is a controlled, time-bound framework in which businesses may pilot emerging technologies, products, or business models under relaxed or tailor-made regulatory requirements, thereby allowing regulators to observe risks in real time while innovators validate commercial viability without bearing the full weight of the traditional compliance regime. By issuing sandbox regulations, the government of Vietnam is signaling its commitment to accelerating digital transformation, attracting investment, and developing a knowledge-based economy, all while safeguarding financial stability, consumer protection, and national security. This strategy is embodied in a suite of instruments that together establish sector-specific sandboxes: Decree No. 94/2025/ND-CP on the Regulatory Sandbox in the Banking Sector (Fintech Sandbox Decree), effective July 1, 2025. Law on Digital Technology Industry (DTI Law), effective January 1, 2026, and Law on Science, Technology and Innovation (STI Law), effective October 1, 2025. Resolution No. 222/2025/QH15 on International Financial Centers (IFC Resolution), effective September 1, 2025. In addition, a draft resolution on the pilot implementation of the crypto-asset market (Draft Crypto Pilot Resolution) is expected to introduce a dedicated sandbox for crypto-asset service providers later this year, further underscoring Vietnam’s holistic, forward-looking approach to regulating emerging technologies. Below is a brief summary of all the regulatory sandboxes, who they are open for, and what businesses are attracted. Fintech Sandbox Decree Under the Fintech Sandbox Decree, besides credit institutions and foreign bank branches, fintech companies operating in Vietnam can apply for a Certificate of Sandbox Participation issued by the State Bank of Vietnam to operate any of the following services in Vietnam: Credit scoring: A solution applicable to information technology systems of credit institutions, branches of foreign banks, and fintech
Read More