Thailand’s AI legislative framework took another step forward when the Office of the Consumer Protection Board (OCPB) issued a notification establishing guidelines for AI-generated advertising that may cause material misunderstanding about products or services. The notification, which is already in effect, was issued under the Consumer Protection Act B.E. 2522 (1979) and its amendments, which prohibit advertising that is unfair to consumers or may cause harm to society, including false or exaggerated statements and statements that may cause material misunderstanding about products or services.

The notification addresses emerging advertising practices, including the use of images edited using software or AI to attract consumer interest or build credibility. The OCPB noted that such advertising may result in consumers misunderstanding the essential characteristics, condition, or usage of products, which violates consumer rights and causes damage.

Key Requirements on AI-Generated or Digitally Manipulated Advertising Content

For advertisements using still images or videos created or edited with software programs or AI tools that may cause the depicted product or service to differ from the actual product sold or service provided—which may cause misunderstanding regarding the condition, quality, quantity, or other essential aspects of the products or services—advertisers and business operators must comply with the following requirements:

• Prior authorization. Obtain approval from relevant regulatory authorities where required by law.
• Accurate representation. Ensure that the advertised size, quantity, volume, number, or composition matches the actual product or service being sold, whether in still images or videos.
• Mandatory AI disclosure labels. Display clear disclosures when AI or software is used to create or edit images, such as:
  • “Real image or simulation edited using AI”
  • “Photo from actual location or simulation edited using AI”
  • “Photo from actual product or edited simulation”
  • “Image created by AI”
  • “Video created by AI”
• Clarity of disclosure. Ensure disclosures are clearly visible, audible, or readable according to the type of advertising medium.

Recommendations

Business operators should assess their current advertising practices and update internal policies to ensure compliance with these new disclosure and warning requirements. Companies should ensure that marketing contracts and creative workflows incorporate the mandatory disclosures specified in the announcement. In particular, operators that develop, use, or rely on AI systems in their marketing activities should assess their current data governance practices and oversight mechanisms. Businesses should also monitor the ongoing development of Thailand’s broader AI regulatory framework to ensure timely compliance with future requirements.