Thai Law

Rules of Evidence in Proving Criminal Defamation in Thailand

Navigating criminal defamation in Thailand demands a clear understanding of evidentiary rules. This article explores the legal framework under Penal Code Sections 326–328, the role of preliminary hearings, and the admissibility of electronic evidence. Learn how Thai courts, guided by Supreme Court rulings, filter weak claims and protect defendants through defenses like truth and fair comment. Formichella & Sritawat’s expert litigators offer insights to safeguard your reputation in complex defamation cases. Contact us for tailored legal guidance. … Read More

Partner-Market Partnerships: Foreign Telcos and Type I Licensing in Thailand

Thailand’s Type 1 license regime presents two contrasting stories: on one hand, the fall of many domestic retail MVNOs (see https://fosrlaw.com/2025/thailand-mvno-type-1-license-challenges/); on the other, the steady, behind-the-scenes activity of foreign operators working through partner-market agreements. Our accompanying articles help explain these different paths, showing why local MVNOs faced challenges while foreign carriers continue to use Type 1 licensing to support enterprises. … Read More

Why The NBTC Might Say No: Unraveling Thailand’s Type III License Rejections

NBTC’s Discretionary Rejections of Type III License Applications Thailand’s telecom regulator, the National Broadcasting and Telecommunications Commission (NBTC), has shown that meeting formal criteria on paper does not guarantee license approval. The NBTC actively exercises discretion to deny Type III … Read More

Thailand’s Nuclear Energy Framework: Legal Reforms After Past Accidents

By John Formichella and Naytiwut JamallsawatRead more from the authors Thailand has intentionally overhauled its nuclear regulatory system, mainly based on lessons from past radiological incidents. As nuclear energy cautiously re-enters the national energy strategy—particularly through Small Modular Reactors (SMRs)—the … Read More

Australia’s Bunnings Ruling Sounds Alarm for Facial Recognition Use in Thailand

HOW AN AUSTRALIAN DATA PRIVACY CASE SIGNALS STRICT LIMITS ON FACIAL RECOGNITION TECHNOLOGY USE IN THAILAND. A landmark ruling against Australia’s hardware store “Bunnings” for the unlawful use of facial recognition technology (FRT) serves as a wake-up call for Thai … Read More

Thailand’s Media Revolution: Navigating Broadcasting, OTT, and Film Laws in 2025

Thailand’s media landscape is undergoing a seismic shift in 2025! From stringent NBTC broadcasting rules to emerging OTT regulations and film censorship reforms, the Kingdom is balancing innovation with tradition. Discover lucrative incentives for foreign productions—up to 30% cash rebates—and navigate compliance challenges with expert insights from Formichella & Sritawat. Dive into the future of Thailand’s media revolution today! … Read More

Why Shareholders’ Agreements Must Follow the Law – and What Happens If They Don’t

Thailand Supreme Court Sets Limits on Shareholders’ Agreements: Key Legal Lessons from Decision 3402/2548 Laws create order—business brings complexity. In Thailand, shareholders often depend on private agreements to align commercial expectations and protect investments. But what occurs when these private … Read More

Nominee Graphic - Thai person being controlled by a western puppet.

Thailand’s Unprecedented Crackdown on Illegal Nominee Structures: Compliance Options

Thai authorities are executing their most aggressive campaign to date against illegal nominee structures used to bypass the Foreign Business Act (FBA). This multi-agency enforcement effort, widely reported by outlets such as the Bangkok Post, leverages powerful new data integration tools … Read More