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Thailand Issues Regulations on Exaggerated Advertisement 泰國針對不實廣告發出規定

Thai government has issued regulations on advertising content, which includes language requirements to secure consumers’ right to clear and fair advertisement. Such notification is Notification Re: Guidelines on Use of Advertisement Statements by Confirming Facts that are Difficult to Prove and Guidelines on Proof of Advertisement Statements B.E. 2565 (2022), was published on 13 January 2023 in Government Gazette. In addition, the notification has been effective since 14 January 2023.

泰國政府頒布關於廣告內容的規定,其中包括語言要求,確保消費者有權獲得明確公正的廣告。此類通知是佛曆2565年 (2022)關於藉由確認難以證明的事實來使用廣告聲明的證明和廣告聲明證明指南”,並於 2023年1月13日在政府公報上公佈。此外,該通知自2023年1月14日起生效。

Following are details of the notification:


A. Advertisement should meet requirements below:


1. Must be in Thai; must be easily seen, heard, or read, and must not be misleading. If an advertisement is in a foreign language, Thai translation must be included. The notification additionally sets detailed requirements for different types of advertisement media and must follow the rules which is written in such notification.


2. The primary purpose is to provide consumers to have a clear and sufficient understanding. For example, if an advertisement claims that the service is free, such service must not be conditional on any fees, so consumers understand correctly that they do not have to pay any fee for such service. But if such free service is to be provided under any criteria, methods, conditions, or requirements, the advertiser must specify the criteria, methods, conditions, or requirements in full.


3. The descriptions indicated in an advertisement such as quantity, volume, size, number, and ingredients, must reflect an actual product or service which is sold to consumers.


4. If an advertisement refers to testing or experiments results undertaken in specific conditions, the name of a testing institute or organization along with the specifics of the test or experiment must be visible on such advertisement.


B. Advertisement should be prohibited when having the following situations:


1. Exclude or restrict the advertiser’s liabilities or enable it to change conditions without prior notice, or that otherwise put consumers at a disadvantage, such as:


Ø “We reserve the right to change the price and other conditions without prior notice.”


Ø “The picture is only an example of the product and may not be the same as such product provided in this promotional campaign.”


2. Appeal to personal beliefs (e.g., through spiritual promises, superstitious claims, etc.), or that seek to persuade consumers who are emotionally distressed or in need of spiritual support, such as:


Ø “This product will bring you instant results.”


Ø “This product will bring you results within seven days.”


Ø “We can perform a ritual to bring your ex back to you.”


3. Overpromise a guarantee or warranty, or that do not provide clear and accurate details of the conditions of a guarantee, such as:


Ø “Safe and worry-free.”


Ø “You can receive a refund if the product does not work.”


Ø “Satisfaction guaranteed.”


4. Confirm facts by comparing the advertised product or service to another product or service, using words such as “the best,” “excellent,” “highest,” “superb,” “exceptional,” “number one, “the only one,” “the only company,” “the first shop,” “the only shop,” “this single time,” or “the only shop in Thailand.”

通過將廣告中的一種產品或服務與另一種產品或服務進行比較來確認事實,使用諸如“最好的”、“優秀的”、“最高的”、“一流的”、“例外的”、“第一”、“唯一的”、 “唯一的公司”、“第一家商店”、“唯一的商店”、“這一次”或“泰國唯一的商店” 等詞。

5. Purport to be based on academic reports, research results, or statistical data certified by an institute, person, or award, unless proven or substantiated by reliable evidence.


Please be noted that advertising media, such as platform service providers which allow users to share or post prohibited content, can also be held liable for false and exaggerative advertisements. Therefore, business operators and merchants should review not only the advertising practices, but also relevant regulations they communicate or distribute to users or the public.


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