Educational Information Only
The content on this page is for general educational purposes and does not constitute legal advice. Every legal situation is unique. For matters involving investigation, arrest, litigation, or formal proceedings, consult a qualified legal professional.
False or Misleading Advertising in Thailand
Advertising goods or services with false statements or in a way likely to mislead consumers.
Consumer Protection Act B.E. 2522 (1979)
Imprisonment and/or a fine, plus orders to correct or cease the advertising
moderate
Definition
Advertising goods or services with false statements or in a way likely to mislead consumers. Under Thai law, this offence is classified as a moderate offence within the category of Consumer Protection Law.
Legal Basis
Consumer Protection Act B.E. 2522 (1979)
Primary legislative provision for false or misleading advertising offences.
Elements of the Offence
For a conviction, the prosecution must prove all of the following elements beyond reasonable doubt:
An advertisement to the public
Containing false or misleading statements
Penalties
Maximum Penalty
Imprisonment and/or a fine, plus orders to correct or cease the advertising
Actual sentences depend on factors including the severity of the conduct, harm caused, prior convictions, and mitigating circumstances. Courts have discretion to impose lesser sentences within the statutory range.
Possible Defences
The following defences may be available depending on the circumstances:
Statements are true and substantiated
No likelihood of misleading a reasonable consumer
Note: The availability of defences depends on specific facts. Professional legal advice is essential.
For Foreigners
Special Considerations for Foreign Nationals
Applies to foreign-owned businesses advertising in Thailand, including online and influencer marketing.
When Legal Representation Matters
If you are accused of false or misleading advertising or facing investigation, immediate legal representation is essential to protect your rights and build an effective defence.
Anglo Siam Legal provides experienced legal services across Thailand for both Thai nationals and foreigners.
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