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.
Unlicensed Broadcasting in Thailand
Operating a radio, television, or online broadcasting service without an NBTC license.
Broadcasting Act Section 39, Broadcasting Act Section 78
Up to 5 years imprisonment and/or fine up to THB 5,000,000, plus equipment confiscation
serious
Definition
Operating a radio, television, or online broadcasting service without an NBTC license. Under Thai law, this offence is classified as a serious offence within the category of Broadcasting.
Legal Basis
Broadcasting Act Section 39
Primary legislative provision for unlicensed broadcasting offences.
Broadcasting Act Section 78
Primary legislative provision for unlicensed broadcasting offences.
Elements of the Offence
For a conviction, the prosecution must prove all of the following elements beyond reasonable doubt:
Broadcasting audio or visual content
To the public via any medium
Without a valid NBTC broadcasting license
Penalties
Maximum Penalty
Up to 5 years imprisonment and/or fine up to THB 5,000,000, plus equipment confiscation
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:
Valid NBTC license held
Content falls under exempted category
Broadcasting below regulated threshold
Note: The availability of defences depends on specific facts. Professional legal advice is essential.
For Foreigners
Special Considerations for Foreign Nationals
Foreign ownership in broadcasting is limited to 25%. Foreign nationals cannot hold broadcasting licenses directly.
When Legal Representation Matters
If you are accused of unlicensed broadcasting 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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