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May 12, 2011

Viewpoint – The Political Scene in Thailand: Pre-Election Observations

Tilleke & Gibbins

In response to regular queries received from our multinational clients, David Lyman, Chairman & Chief Values Officer of Tilleke & Gibbins, has been providing periodic updates on the ongoing political events in Thailand since 2006. This Viewpoint summarizes and updates several of these reports, while providing observations on the Thai political landscape ahead of the upcoming elections.

RELATED INSIGHTS​ 

September 28, 2026
On September 15, 2026, the Thai Food and Drug Administration (Thai FDA) opened a public consultation period on the principles of a proposed Ministry of Public Health (MOPH) notification establishing specific Good Manufacturing Practice (GMP) requirements for foods derived from cultured animal cells. The proposal would build on Thailand’s existing safety assessment framework by proposing GMP requirements specifically tailored to the production of cultivated meat. As cultivated meat advances toward commercial production, its unique manufacturing processes present food safety challenges involving aseptic conditions, starting cell quality, culture media, and specialized equipment. Thailand’s Food Act B.E. 2522 (1979) provides the legal basis for regulating food manufacturing, but no GMP requirements specifically tailored to cultivated meat have been issued under it. The proposed framework aims to address this gap. The Thai FDA has not yet released a complete draft notification, so the proposed requirements outlined below may change before adoption. However, they indicate the direction the regulator intends to take, and companies preparing to enter the Thai market can use them now to anticipate their compliance obligations. What Is Cultivated Meat? Cultivated meat, also known as cell-based food or cell-cultured meat (and referred to in the proposed notification as food derived from cultured animal cells), is produced by cultivating animal cells rather than raising and slaughtering animals through conventional meat production. The process generally begins with the selection of animal cells or stem cells, which are cultivated in an appropriate culture medium within a bioreactor to promote cell growth and proliferation. Scaffolding materials or other techniques may subsequently be used to develop cells into tissue or other forms suitable for consumption. Unlike conventional meat production, this process introduces specific food safety considerations relating to starting cells, culture media, production substances, contamination controls, and potential residues in the final product. Thailand’s Safety
September 24, 2026
On September 15, 2026, Thailand’s Office of Insurance Commission (OIC) issued two notifications—one for life insurance and one for non-life insurance—amending the 2020 regulatory framework governing policy issuance and offering, agent and broker conduct, premium collection, and advertising. The amendments take effect on January 1, 2027. Electronic Policy Delivery and OIC Reporting Insurers must now deliver policies electronically by default, with printed copies required only where the policyholder opts out of electronic delivery. For life insurance, this requirement extends to coverage summaries and exclusion documents. Insurers must also electronically submit issued policies to the OIC immediately upon issuance. This is a significant new data-reporting obligation that requires system integration with the OIC’s platform. Risk Management, Sales Conduct, and License Misuse The notifications introduce several amendments and additional requirements in the areas of risk management, sales conduct, and license misuse: Internal risk management must now expressly cover advertising, policy offering, and sales agent information, including market conduct risk and reputational risk. Sales conducted through employees, agents, or brokers are subject to enhanced requirements, including verification of the seller’s identity and authority, disclosure of the purpose of contacting the customer, provision of complete and accurate policy information, customer assistance with application forms, and notification of the expected timing for policy delivery or insurer follow-up. For life insurance, customers must also be informed of their right to cancel the policy. For life insurance specifically, employees, agents, and brokers must submit insurance applications to the insurer at the earliest opportunity, and no later than the next business day. Using another person’s name or license, or allowing another person to use one’s own name or license, for the purpose of offering insurance for sale, listing in sales-related documents, or recording in the insurance policy is now expressly prohibited for both life and non-life insurance.
September 15, 2026
Insurance specialists from Tilleke & Gibbins in Bangkok have contributed the updated Thailand chapter to the newly released 2026 edition of Thomson Reuters’ Practical Law guide to insurance and reinsurance. The Thailand chapter offers a comprehensive Q&A-style overview of the legal and regulatory framework governing insurance and reinsurance in the country. It provides key insights for businesses, insurers, reinsurers, and intermediaries operating in or entering the Thai market. Key topics covered include: Market structure and common types of insurance Regulatory framework and oversight by the Office of Insurance Commission (OIC) Authorisation requirements for insurers, reinsurers, and intermediaries Ownership restrictions and foreign investment rules Corporate governance, capital requirements, and solvency obligations Reinsurance arrangements, including fronting, risk transfer, and common contractual clauses Policy content requirements, standard clauses, and consumer protections Claims procedures, statutory time limits, and subrogation rights Dispute resolution mechanisms, including OIC arbitration and court proceedings Insolvency protections for policyholders Tax treatment of insurance and reinsurance businesses in Thailand Recent legal developments, including updated OIC regulations and insurance licensing guidelines The 2026 edition reflects Thailand’s evolving regulatory environment, including ongoing legislative reforms to strengthen corporate governance, risk-based capital requirements, and digital media compliance in the insurance sector. It also highlights practical considerations for foreign insurers, reinsurers, and intermediaries seeking to participate in Thailand’s insurance market. Tilleke & Gibbins contributes regularly to the Practical Law series of guides for various jurisdictions in Southeast Asia, providing trusted legal insight for multinational companies. Access the full Thailand chapter below. Reproduced from Practical Law with the permission of the publishers. For further information, visit practicallaw.com.
September 9, 2026
On August 5, 2026, the Consumer Case Division of Thailand’s Civil Court rendered a judgment in a case involving a beauty clinic that advertised acne scar treatments using claims that the clinic was operated by a specialist physician and that the treatment, allegedly involving stem cell technology, could permanently remove acne scars. The plaintiff brought a claim against both the physician-owner and the clinic company, alleging that the advertisements were false and induced her to purchase the treatment. The court found that the clinic was liable for the false representations and that the physician-owner, as both the authorized director of the company and the medical practitioner who provided treatment, was jointly responsible. Although the plaintiff could not fully prove all damages claimed, the court awarded compensation of THB 20,000, together with interest. While the judgment arose from a consumer protection dispute, it serves as a valuable reminder that medical facility advertisements in Thailand are regulated and may expose clinics and healthcare providers not only to regulatory enforcement but also to civil liability from patients who rely on misleading promotional claims. Regulatory Framework Governing Medical Facility Advertisements Medical facility advertising in Thailand is governed by the Medical Facility Act B.E. 2541 (1998), as amended by the Medical Facility Act (No. 4) B.E. 2559 (2016). The principal secondary legislation is the Department of Health Service Support (DoHSS) Notification Re: Rules, Procedures, Conditions, and Fees for an Advertisement or Publication Concerning a Medical Facility, which came into force on November 25, 2019. Under this notification, “advertising” includes any act, by any means, that causes members of the public to see, hear, or otherwise become aware of a message, sound, or image for the commercial benefit of a medical facility. This broad definition covers not only traditional media but also clinic websites, social