Laws Related to AI Use or Applications in Thai Advertising

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If businesses use AI to create images or content to advertise their products or services in a way that misleads consumers about the essential nature of the product or service, it may be considered unfair advertising under Section 22.

AI should be used with responsibilities.
Any guidelines?


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Part 1 Consumer Protection in Advertising ------Section 22 of the Consumer Protection Act B.E. 2522 (1979) ----------------- Section 22. Advertising must not use statements that are unfair to consumers or that may cause harm to society as a whole, regardless of whether such statements concern the origin, condition, quality, or characteristics of the goods or services, as well as their delivery, supply, or use. The following statements are considered unfair to consumers or that may cause harm to society as a whole: (1) Statements that are false or exaggerated. (2) Statements that cause misunderstanding regarding the essential characteristics of the goods or services, whether or not they are made by using or referencing academic reports, statistics, or anything else that is untrue or exaggerated. (3) Statements that directly or indirectly encourage illegal or immoral acts, or lead to the degradation of national culture. (4) Statements that cause division or undermine unity among the people. (5) Other statements as specified in ministerial regulations. Statements used in advertising that the general public can know are definitely untrue are not prohibited in advertising under (1).

The Alcoholic Beverage Control Act (Amendment No. 2) B.E. 2568 (2025) came into effect on November 8, 2025. It emphasizes stricter advertising regulations, prohibiting advertisements that encourage drinking and those that use hidden names/logos. However, it allows for the display of information or promotional materials according to new guidelines. The sale of alcoholic beverages remains prohibited on religious holidays and during specified times.

iLaw

iLaw

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Key Points of the Alcohol Advertising Act 2025:

The new law, published in the Royal Gazette (Amendment No. 2) B.E. 2568 (2025), will come into effect in November 2025.

Unlocking Information but Prohibiting Persuasion: Advertising that provides knowledge or promotional materials is now permitted, but advertisements aimed at directly or indirectly encouraging people to drink alcohol remain prohibited.

Prohibiting the Use of Hidden Names/Logos: It is prohibited to misuse the name or logo of an alcoholic beverage on other goods or services for promotional purposes.

Product Reviews and Displays: Individuals can review or display products if there is no commercial intent or propaganda purpose.

Sales Time and Location Control: Sales remain prohibited on Buddhist holidays and during specified times (prohibited from selling between 2 PM and 5 PM) as per the existing law.

Policy Watch

Policy Watch

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According to data released by the National Economic and Social Development Council (NESDC),

consumer complaints have surged by nearly 40% in a short period, primarily due to

being deceived by “fake advertising,” especially advertisements that use AI to create incredibly realistic images of products, services, or locations, making it difficult for consumers to distinguish them from real. Some businesses exploit loopholes in the law, using AI-generated images to promote their goods or services, leading to increased consumer rights violations.

The Office of the Consumer Protection Board (OCPB) expresses its concern and urges consumers to exercise extreme caution when purchasing goods and services advertised online, especially in an era

where Artificial Intelligence (AI) is being used to create realistic-looking “fake images” to deceive consumers into believing and purchasing goods or services that do not exist or are of substandard quality.

The OCPB offers the following initial recommendations to help consumers protect themselves from fake advertising: Check the source of the advertisement to ensure it is a trustworthy platform or website with clear contact information; observe details in the image, such as background abnormalities, facial details, hands, or text, which are often areas where AI makes mistakes; read reviews from real users or gather information from multiple sources before making a decision; and avoid making advance payments. If you are unsure about the trustworthiness of a store, to protect your rights...

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National Press Council Guidelines

Regarding the Use of Artificial Intelligence (AI) in accordance with Journalistic Ethics, 2024

In the current situation, news production and the development of news contexts in various media outlets, including newspapers, radio, television, and news websites, have utilized Artificial Intelligence (AI). This AI is applied to the news content production process, from information gathering and compilation to analysis, editing, content creation, and the transformation of news from one format to various others, and finally to dissemination, in order to increase efficiency and create more engaging news stories. However, the use of AI in mass communication still has limitations that need to be understood. Therefore, it is deemed appropriate to have guidelines for the use of AI in accordance with journalistic ethics to ensure that the information and news content disseminated do not affect the quality and credibility, and to promote caution in the development of mass communication work and the appropriate use of AI technology under human decision-making processes, and to raise awareness of journalistic ethics.

Therefore, the National Press Council... Therefore, the National Media Council's Guidelines on the Use of Artificial Intelligence (AI) in accordance with the Professional Ethics of Mass Media, B.E. 2567 (2024), are established as follows:

Chapter 1: General Provisions

Article 1: These guidelines are called “The National Media Council's Guidelines on the Use of Artificial Intelligence (AI) in accordance with the Professional Ethics of Mass Media, B.E. 2567 (2024)”.

Article 2: These guidelines shall come into effect the day following their promulgation.

Chapter 2: Definitions

5.2 Media organizations must verify content from sources before producing or incorporating it into news reporting to ensure the effective use of AI and to avoid damaging sources or causing negative impacts on the public.

5.3 News images and illustrations produced by media organizations using generative AI must clearly indicate, through text, watermarks, or a logo signifying "produced with AI," to inform readers and recipients, demonstrating transparency and accountability in adhering to professional standards.

5.4 If it is found that the presentation of information, news images, videos, or various digital media formats created using AI is inaccurate, causing damage to individuals or other organizations, the media organization must take responsibility by immediately correcting the error and publicly announcing it to mitigate the impact of the widespread dissemination of inaccurate information.

5.5 Media organizations must not use AI in news reporting and image presentations that may incite bias, lead to hatred, or violate human rights. This includes news and images concerning political ideologies, ethnicity, religion, gender, human dignity, human rights, children's and women's rights, violations of personal rights, repetition or reinforcement of violence, or emotional manipulation, to prevent potential conflicts and undermine the credibility of news reporting quality according to professional journalistic ethics.

5.6 Media organizations must not create sensational news images. Or news illustrations created with AI without knowing the source of the image.

5.7 Media organizations must be cautious in creating audio content or voice-based content using AI or "Generative AI" instead of humans or individuals performing media duties such as presenters, hosts, etc. If it is necessary to use AI, the audience must be informed.

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Mr. Ronnarong Poolpipat, Secretary-General of the Consumer Protection Board, has instructed the Office of the Consumer Protection Board (OCPB) to issue a notice regarding "Guidelines for Advertising Goods or Services That May Cause Misunderstanding Regarding Essential Matters of the Goods or Services, in accordance with the Consumer Protection Act B.E. 2522 (1979)" to protect consumer rights. The notice focuses on controlling advertising that uses exaggerated persuasive strategies, such as the use of celebrities, actors, social media influencers, or images created using artificial intelligence (AI), which may lead consumers to make purchasing decisions based on misleading information. The key points of the notice are as follows:

1. Advertising of products that mimic food but are not edible, to prevent consumers, especially children and youth, from misunderstanding that they are edible, must comply with the following:

1.1 Must display a statement indicating that permission has been obtained from the relevant agency before publication.

1.2 The advertising text must be in Thai and clearly readable, audible, or visible. If a foreign language is used, a Thai translation must be included, emphasizing important warnings.

1.3 Must include clear warnings such as: Do not copy; This product is not edible; The real product must be cooked before consumption; or The imitation is not edible, etc.

2. Advertising that uses images or clips from AI or image editing programs. If technology is used to create or modify images... Businesses must comply with the following:

2.1 Obtain permission from the relevant authorities before publishing advertisements.

2.2 Information regarding the size, quantity, number, or components of the product must be accurate.

2.3 Clearly state if the image or video was created or manipulated, such as a simulation using artificial intelligence (AI), an AI-generated animation, a real photograph, or an AI-modified image. This text must be clearly visible and appropriate for the type of media; for example, it must be readable, audible, or clearly visible in the video or still image.

The Consumer Protection Board (CPB) emphasizes that misleading advertising not only violates consumer rights but may also constitute a violation of the law. While the dissemination of information to encourage the purchase of goods and services can be done creatively, it must consider social responsibility and honesty towards consumers to strike a balance between the business's interests and the safety and rights of consumers.

If consumers encounter any advertisement that is misleading, false, exaggerated, or misleading regarding the essential characteristics of a product, they can report it to the CPB hotline at 1166, via the OCPB Connect application, or on the website www.ocpb.go.th.

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