Thailand’s Evolving Broadcasting & Media Law Landscape
Regulatory Overview of Broadcast Media
July 2025
Thailand’s media and entertainment sector is regulated by a mix of broadcast, telecommunications, and film laws enforced by several agencies. The National Broadcasting and Telecommunications Commission (NBTC) acts as the independent regulator overseeing broadcasting (TV and radio) and related telecom services (see https://fosrlaw.com/2021/thailands-telecommunications-business-act/).
The primary law is the Broadcasting and Television Business Act B.E. 2551 (2008), which mandates media operators to obtain licenses and limits foreign ownership in broadcasting businesses to 25%. Under this system, TV and radio broadcasters must acquire NBTC licenses, categorized into public, community, and commercial services. Notably, only Thai entities (or those mainly owned by Thai entities) are permitted to hold commercial broadcast licenses, reflecting the country’s restrictions on foreign investment in the media sector. Additionally, each broadcast station must appoint a Thai national director to oversee content and ensure compliance with NBTC regulations.
In addition to broadcast regulation, the Film and Video Act B.E. 2551 (2008) governs film and video media. This law creates a Film and Video Censorship Committee under the Ministry of Culture that reviews and approves films, videos, and their advertisements before they are released in Thailand. The committee has the power to censor or ban content that it considers against public order or morals, or that could affect national security or the monarchy – a broad standard commonly used in Thai law. In practice, theatrical films in Thailand are given age-based ratings (such as 13+, 15+, 18+) or, in rare cases, a “banned” status, depending on the committee’s review. Any foreign film production in Thailand also needs prior approval from this committee, which monitors the production process to ensure compliance. These layered controls mean that media companies must navigate both the NBTC’s broadcasting rules and the Ministry of Culture’s content oversight.
Broadcasting, OTT, and Content Regulation
Both format rules and substantive censorship regulate broadcast content in Thailand. NBTC regulations require “must-carry’ obligations, such as mandating all free-to-air TV channels to air certain public-interest programming, and “must-have” rules that reserve major sporting events for free TV. Strict limits are also imposed on advertising time on traditional broadcasts, capping at 12½ minutes per hour on free TV. More importantly, broadcasters are forbidden from airing content that threatens national security, incites unrest, or is obscene or offensive to the monarchy and cultural values. Licensees have a clear duty to monitor and suspend any programming displaying such qualities. Violations can result in warnings, fines, or the revocation of your license. Additionally, broadcasters must follow a watershed schedule for mature content, allowing 18+ content only after 10 pm, and are required to broadcast the national anthem and royal news at set times daily. These regulations reflect Thailand’s unique cultural and political landscape.
OTT streaming services
Streaming Services, by contrast, have operated in a relatively gray area. Unlike terrestrial broadcasters, OTT platforms (such as Viu, Netflix, and YouTube) are exempt from obtaining an NBTC license under current law because they do not utilize the radio-frequency spectrum. As a result, online video content has been “not as rigidly regulated” as traditional media. However, this is quickly changing. Thai authorities have become concerned about unregulated online content and its misuse. In March 2025, the Ministry of Digital Economy and Society instructed the NBTC and the Electronic Transactions Development Agency (ETDA) to create a task force to bring OTT platforms under a regulatory framework. Proposed measures include requiring foreign OTT platforms to obtain a license and comply with Thai content rules, establishing local content takedown standards, and ensuring that international providers pay applicable taxes on revenues generated in Thailand. Data privacy compliance, as mandated by Thailand’s PDPA and GDPR standards (see https://fosrlaw.com/2025/gdpr-vs-pdpa/), and competition oversight to prevent OTT monopolies are also on the agenda. While no comprehensive OTT law currently exists—and a court has noted that current law does not require OTT services to be licensed—the trend toward tighter regulation is clear. Media companies offering streaming services in Thailand should prepare for new compliance obligations soon.
Film Censorship and Ratings
Censorship of films remains a key aspect of Thai media law, despite ongoing reforms. Under the Film and Video Act of 2008, all movies and videos intended for public distribution in Thailand must be submitted to government censors for classification and approval. The censorship board can require cuts or even ban a film outright if the content is considered offensive under the broad standards mentioned above. In practice, outright bans are rare; however, filmmakers often need to edit scenes that involve sensitive political or cultural issues. Age-based ratings were introduced to replace a strict censorship regime, allowing most films to be shown with a suitable viewer rating rather than being completely prohibited. The current rating system ranges from general audience (all ages) up to 20+ (adult only) and “banned” (not approved for any screening).
Recognizing global trends and industry feedback, Thailand is moving toward a more liberalized approach. A draft Films and Games Bill (see https://fosrlaw.com/2024/the-draft-film-and-game-act-thailand-reportedly-will-go-through-substantive-revisions/) was introduced in late 2023, aiming to “revolutionize” the industry by removing direct state censorship. The draft suggests a self-regulation model where producers and a new self-governing industry council would manage content ratings, eliminating the government’s role in ordering cuts or bans. Producers would rate their films and games and be responsible to the public under a code of conduct, especially regarding the protection of children. The bill also proposes a fund to support local filmmakers and game developers as part of promoting Thailand’s “soft power.” However, early versions of the draft faced criticism for still including vague morality clauses and heavy controls that could hinder creativity. The Culture Ministry has stated that the draft will undergo significant revisions to support the industry better rather than restrict it. For now, the 2008 Film Act remains in effect, meaning foreign and local producers must continue to follow the censorship committee’s decisions and the official rating process. However, if the new law passes, it will signal a more open, industry-led content regulation system in the future.
Foreign Film Production: Permits and Incentives
Thailand welcomes foreign film productions, striking a balance between regulations and incentives. Any foreign filming in Thailand requires a permit from the Thailand Film Office, part of the Department of Tourism. The Film Office, in collaboration with the Film Board under the Ministry of Culture, reviews the script and project to ensure they comply with content rules and assigns a government monitor once approved. A local Thai coordinator company must sponsor and facilitate the shoot, coordinating with authorities to obtain permits and ensuring that the crew adheres to Thai laws. Filming without the necessary permits or an official monitor present is strictly prohibited. This process also includes location-specific approvals, such as filming in national parks or historical sites. For investors and producers, collaborating with experienced local production service companies and legal advisors is essential for navigating these rules smoothly, areas where Formichella & Sritawat’s media law team has extensive expertise.
To attract international projects, Thailand offers attractive tax and financial incentives. Since 2017, the government has introduced a cash rebate scheme for foreign films, which was recently enhanced in late 2024 to boost Thailand’s competitiveness further. Productions that spend at least THB 50 million (≈USD 1.4 million) in Thailand can qualify for a 15% base rebate on local expenses. The rebate percentage increases for larger budgets, for example, 20% for expenditures exceeding THB 100 million and 25% for expenditures exceeding THB 150 million (subject to overall caps). Additionally, bonus rebates can be earned by meeting specific policy goals: an extra 5% if the film’s content positively promotes Thailand’s tourism or culture, another 5% for hiring Thai nationals in key production roles, and an extra 3% bonus for shooting in designated provinces or doing significant post-production in Thailand. Overall, foreign producers may reclaim up to 30% of qualified spending—a very competitive incentive worldwide. The results speak for themselves: in 2024, Thailand hosted nearly 500 foreign shoots, generating over ฿6.5 billion for the local economy. For 2025, the government has set a target of ฿10 billion in film production revenue and is increasing funding for the rebate program to support more projects.
Tax incentives often accompany rebates. Foreign actors and crew working on approved film projects are now exempt from Thai personal income tax for five years (a measure introduced through Ministerial Regulation in 2023). This allows overseas talent to work in Thailand without tax leakage, boosting the cost-effectiveness of filming in the Kingdom. Additionally, Thailand’s Board of Investment (BOI) offers investment promotion benefits for establishing film production or post-production facilities. For example, qualifying film production companies can receive corporate income tax holidays (typically 5 years) and import duty exemptions on equipment. These incentives, combined with Thailand’s skilled crews and diverse locations, demonstrate why major studios have recently chosen Thailand for projects such as The White Lotus and Jurassic World.
Compliance and Key Takeaways for Media Companies and Investors
For media companies and investors, Thailand’s broadcasting and media laws present both challenges and opportunities. On the compliance front, any venture in the broadcasting industry must navigate licensing requirements and Thai ownership rules — foreign investors will need local partners and careful planning to enter the radio or TV markets. Content providers of all kinds should be aware of Thailand’s censorship restrictions, particularly those related to the monarchy, religion, and national security; thorough editorial review processes are essential to avoid regulatory penalties. Meanwhile, the Thai government is signaling a willingness to modernize and support the industry, from the proposed self-rating system for films to actively promoting the growth of OTT and digital media, albeit under a future regulatory framework.
Most importantly, Thailand’s pro-investment stance in film and media is opening new business prospects. Generous rebates and tax incentives make Thailand an attractive filming location, provided companies follow the permit process and hire a local coordinator. Media and OTT businesses can also expect more straightforward guidelines soon, as laws evolve to keep up with technological progress. In this rapidly changing environment, using local legal expertise is crucial.
Firms like Formichella & Sritawat Attorneys at Law, with deep experience in Thailand’s TMT (Technology, Media, Telecommunications) sector, can guide stakeholders through licensing, censorship clearance, and incentive applications, ensuring both compliance and commercial success. By staying informed about regulatory updates and engaging proactively with Thai authorities, media companies can confidently tap into Thailand’s vibrant market while effectively managing legal risks.
About the Authors
Naytiwut Jamallsawat is a distinguished partner at Formichella & Sritawat, where he leads the firm’s Corporate and Regulatory Practice. He advises some of the most prominent global media and entertainment companies operating in Thailand, with deep experience in broadcasting, OTT regulation, telecommunications, and satellite law. His work includes regulatory licensing, advertising compliance, and structuring foreign media investments to align with Thailand’s legal framework. Known for his strategic insights and sector-specific expertise, Naytiwut regularly guides clients through Thailand’s complex and fast-evolving media regulatory environment.
John Formichella is a founding partner of Formichella & Sritawat and leads the firm’s Technology, Media, and Telecommunications (TMT) practice. With over twenty-five years of experience in Southeast Asia, he advises top media companies on broadcast licensing, OTT platform compliance, content distribution, and cross-border regulatory strategies. His practice combines legal and business insights, helping clients confidently navigate Thailand’s media and telecom laws.
Onnicha Khongthon is a Senior Associate at Formichella & Sritawat, working under the supervision of Naytiwut Jamallsawat. She specializes in technology, broadcasting, telecommunications, and satellite regulation, advising clients on NBTC licensing, foreign media investment compliance, and film and OTT regulatory issues. Her straightforward, practical approach and comprehensive understanding of Thailand’s communications law make her a vital member of the firm’s regulatory team.
Supitchaya Akeyati is an Associate at Formichella & Sritawat who contributed to the data privacy sections of this article. Her practice focuses on data protection, digital platform regulation, and cross-border data compliance, with a particular emphasis on issues affecting the media and telecommunications sectors.
The comments herein are for discussion and information purposes only and are not guaranteed to be up to date. Nothing herein should be or can be relied on as legal advice.
For any questions, you may contact Formichella & Sritawat at [email protected]
© 2025 Formichella & Sritawat Attorneys at Law