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

August 22, 2012

Using the Computer Crimes Act to Combat Online Piracy

Subscribe to Updates
Informed Counsel

The increase in online shopping has proven lucrative for legitimate retailers. But traders selling counterfeit and pirated products have also taken advantage by selling a wide range of counterfeit products online. In searching for new solutions to battle intellectual property infringement on the internet, recent meetings between government officials and members of the private sector have resulted in an innovative approach that relies on existing legislation. This article will provide an overview of the current regulatory environment and the recommended procedures that will facilitate the shutting down of illegal retail websites, and help to halt the rise in purchases of counterfeit goods on the internet.

Online Piracy Challenges

According to a report by the Department of Intellectual Property (DIP), 40 percent of pirated films, music DVDs, and CDs are offered for sale online. For counterfeiters, there are three key benefits in shifting from traditional brick-and-mortar marketplaces to online retailing:

  1. There is no stall rental fee.
  2. Many of the corrupt activities surrounding the sale of counterfeit goods can be avoided.
  3. Storage of goods is not required, which reduces the chances of being caught in possession of the illegal goods and subsequently arrested.

Since existing IP laws in Thailand do not explicitly sanction the sale of counterfeit goods online, IP owners have, up until now, been unable to take aggressive action against these online sellers. In practice, IP owners have tried to tackle this type of infringement in Thailand by conducting investigations to uncover the source of the fake goods, followed by raid actions at storage facilities, stockrooms, and warehouses.

This investigation-and-raid approach however, is increasingly becoming hampered by the fact that online traders do not typically store their goods on their premises. Instead, traders purchase the counterfeit products from other sellers in the market, after having received purchase orders from their customers.

Existing Legal Framework

In the absence of specific legislation to address these activities, the Thai government has tried to solve this problem by relying on related legislation. When advising IP owners of their enforcement options, one suggestion raised by the DIP is to apply Sections 14 and 20 of the Computer Crimes Act B.E. 2550 (2007).              

Section 14: Whoever commits the following offenses shall be liable to imprisonment for a term not exceeding five years, or a fine of not exceeding THB 100,000, or both:

(1) Entering wholly or partially spurious computer data or false computer data into a computer system, in a manner that is likely to cause injury to other persons or the public. …

Section 20: In the case where the commission of an offense under this Act involves the distribution of computer data that may affect the security of the Kingdom, as prescribed in Book II, Title I or Title I/I of the Penal Code, which may be inconsistent with public order or good morals, the competent official may apply for a motion to the court to order that the distribution of such computer data be blocked.

In 2011, these sections were applied to a case related to food and medical products before Thailand’s Criminal Court. In Red Case Sor. 33/2554, the defendant committed an offense of advertising the sale of food, medicine, and medical equipment by using untrue information that was deceptive to consumers. The court deemed that this act constituted an offense under Section 14(1) of the Computer Crimes Act. The court therefore issued an order to block the distribution activities undertaken by the website, pursuant to Section 20 of the Act.

As this judgment shows, Sections 14 and 20 grant to the court the authority to block the distribution of forged computer data or false computer data, upon the request of an officer, if the court finds that such contents may be inconsistent with public order or good morals. Unfortunately, the content of the Computer Crimes Act is not clear in defining whether offering counterfeit goods for sale on a website can be considered “forged computer data.” Although some government officials claim that this law sets out the right to take action against websites that offer fake goods for sale online, others opine that fake goods offered on a website cannot be deemed “forged computer data” under Section 14.

Proposed New Approach

In seeking a solution to this problem, representatives from the Ministry of Information and Communication Technology (MICT), the DIP, and the private sector met on March 12 and March 20, 2012. During the meeting, the Director-General of the DIP stated that she encouraged IP representatives or IP owners to submit a formal letter to the MICT requesting to shut down these websites under Section 14. When an IP owner proceeds with such a formal letter, this would provide a type of test case to determine whether Section 14 of the Computer Crimes Act can feasibly be used to shut down websites that offer fake goods for sale.

In light of these developments, a new procedure was proposed during the meeting (see graphic below). If all parties implement this procedure, it could enable IP owners to shut down websites selling counterfeit or pirated goods in as little as two weeks. Clearly, this would be a major development for long-suffering IP owners who have battled online piracy for years.

Implementing the Procedure

Although the debate is ongoing, it is evident that the Thai government intends to implement more stringent measures in the near future to inhibit the stream of illicit gains enjoyed by illegal online retailing operations. When an IP owner decides to test the approach proposed by the DIP and a court order is requested, practitioners will eagerly await the outcome for any developments in this area of the law. If the Computer Crimes Act is deemed practicable, it would provide an efficient route for IP owners to shut these websites down, without incurring additional investigation costs.

However, if the court decides that the activities of illegal online retailers—specifically, offering counterfeit goods for sale on a website—do not constitute “forged computer data” under Section 14, it will then be necessary for all stakeholders to push ahead with further amendments to existing IP law.

Download Full Article
Related Professionals

Industries

Technology

Practices

Intellectual Property

Location

RELATED INSIGHTS​ 

January 22, 2026
On January 20, 2026, Vietnam’s Ministry of Finance (MOF) issued Decision No. 96/QD-BTC to formally launch pilot administrative procedures for licensing crypto asset trading market services in Vietnam. The decision took immediate effect and implements the government’s pilot crypto asset market program under Resolution No. 05/2025/NQ-CP. Notably, competent authorities have now begun accepting license applications, marking the first time Vietnam has operationalized a licensing pathway for crypto trading market operators. Administrative Procedures and Applications The decision stipulates procedures for (i) granting, (ii) adjusting, and (iii) revoking licenses to provide services for organizing crypto asset trading markets. It provides detailed, step-by-step guidance for each procedure, including dossier composition, internal review stages, coordination mechanisms, and statutory timelines. These procedures apply specifically to entities seeking to organize and operate crypto asset trading markets within Vietnam’s pilot regulatory framework. The MOF is the authority responsible for reviewing and deciding on the above procedures, with the State Securities Commission acting as the receiving, coordinating, and procedural focal point. For licensing applications, the MOF will coordinate with multiple authorities, including the State Bank of Vietnam and the Ministry of Public Security, particularly in relation to anti-money laundering, cybersecurity, system safety, and risk control requirements. Applications may be submitted in person, by post, or electronically via the National Public Service Portal or the administrative procedure information system, in line with applicable regulations. Statutory processing timelines vary depending on the specific procedure and stage involved. For applications to obtain a license to organize a crypto asset trading market, the process is conducted in multiple phases: The MOF will issue an initial written response within 20 working days from receipt of a complete and valid initial dossier, following which, upon submission of the full set of required documents, the MOF will complete substantive review and issue the license
Read More
January 21, 2026
On January 16, 2026, Thailand’s Electronic Transactions Committee released for public comment a draft notification that would require social media platforms operating in Thailand to implement identity verification for all user accounts and advertisers, with enhanced scrutiny for high-risk advertising activities. If finalized in its current form, the Notification on Measures to Prevent Technology Crime for Social Media Service Providers would take effect 180 days after publication in the Government Gazette, fundamentally changing how platforms verify users and monetize advertising services. The public comment period is open through February 2, 2026. Mandatory User and Advertiser Identity Verification The draft establishes a universal requirement that all social media service providers implement identity verification measures for every user account. The draft imposes stricter verification obligations for advertisers than for general users. Before publishing any advertisement, platforms must verify the advertiser’s identity at a level sufficient to identify the advertiser, unless the advertiser has previously completed verification. Risk-Based Advertisement Verification The identification requirements for advertisers will be more stringent in the following cases: The advertiser has a history of user complaints or has previously violated the platform’s terms of service. The advertisement involves finance, investment, loans, sensitive personal data, or content flagged as potentially involving cybercrime. The advertisement specifically targets vulnerable groups, such as the elderly or other at-risk demographics. In such cases, platforms must conduct identity verification using government-issued identification documents and must confirm the accuracy, authenticity, and currency of these documents with the issuing government agencies. Alternatively, platforms may verify identity through an eligible digital identity verification and authentication system provider. Information Retention Platforms must retain specific information for each advertiser, including the name of the individual or juristic person and any representatives, government-issued identification documents such as ID cards, passports, or certificates of incorporation, and reachable contact information including
Read More
January 21, 2026
Spurred by global geopolitics and Canada’s Indo-Pacific Strategy, which aims to forge deeper ties with ASEAN, Canadian companies have been showing growing interest in Thailand and Southeast Asia in recent years. To understand the opportunities offered by the region, we sat down with Andrew Stoutley, a Toronto native and the chief operating officer of Tilleke & Gibbins, a leading Southeast Asian regional law firm with over 130 years of history in Thailand. Q: Why are Canadian companies looking at Thailand and Southeast Asia right now? A: Two reasons stand out. First, diversification has moved up the agenda. Many Canadian companies want options outside North America due to tariff volatility and policy uncertainty in the United States, as well as questions around the next Canada–United States–Mexico Agreement mandatory joint review. At the same time, the shift of global production from China to Southeast Asia is accelerating, driven by rising costs, geopolitics, and the need to avoid overreliance on a single market. As a result, Canadian companies are looking for a second production base or a regional hub, and Thailand and its neighbors are natural choices given their manufacturing depth, location, and established supply chains. Second, Canada’s own efforts in the region are gaining traction. The Indo-Pacific Strategy has led to more on-the-ground support, including larger trade missions, upgraded diplomatic posts, and new financing options. Export Development Canada (EDC) now has a presence in Bangkok, giving Canadian companies a direct line to financing and insurance in Thailand. There’s also steady progress on trade frameworks like the recently signed Canada–Indonesia Comprehensive Economic Partnership Agreement (which will come into effect pending domestic procedures), ongoing negotiations of a Canada–ASEAN FTA, and the exciting announcement about the launch of negotiations of a Canada–Thailand FTA. Together, these developments have the potential to make it much easier
Read More
January 13, 2026
On January 9, 2026, Thailand’s Securities and Exchange Commission (SEC) filed a criminal complaint with the Economic Crime Suppression Division (ECD) against five individuals for unauthorized operation of a digital-asset dealer business under the Emergency Decree on Digital Asset Businesses B.E. 2561 (2018). This precedent-setting case signals that the regulator is willing to pursue crypto enforcement against natural persons even in the absence of a licensed platform entity. Background and Implications The case follows the SEC’s October 2025 public warning about the use of iris-scanning technology in exchange for certain digital tokens. In its warning, the SEC cautioned that exchanging or trading these specific tokens with unlicensed service providers exposes users to heightened fraud, scam, and money laundering risks. Unlike prior regulatory enforcement matters, which involved platform-level administrative fines for operational or compliance failures, this case targets misconduct by individuals who may not be professional traders but openly advertised their willingness to buy these tokens from the public, opened individual over-the-counter (OTC) trade channels for these tokens, and facilitated off-exchange transactions in a manner resembling ordinary commercial dealing. This enforcement action establishes a clear precedent that natural persons engaging in public-facing digital-asset dealing may face criminal liability under Thai law, even without operating through a corporate or licensed platform structure. Outlook The alleged offenders may not settle this crime by payment of fines. Following the SEC’s referral, the ECD will undertake further investigation, after which prosecutors may review the case and proceed to court. The SEC has stated that it will cooperate fully with enforcement agencies throughout the criminal enforcement process.
Read More