Formichella & Sritawat
August 2024
The Draft Film and Game Act (Draft FGA) was revealed during public hearings by Thailand’s Department of Cultural Promotion in April 2023. Some online articles refer to the Draft FGA as the “Movies and Games Act,” but the Thai word used for “Film” and “Movies” (Pappayon) has the same meaning. As discussed below, the Draft FGA may undergo substantive revisions due to various criticisms. Thus, this article intends to foreshadow legislative intentions and confirm the Thai government will implement mechanisms to implement a rating system for films and games.
For example, the draft legislation strongly emphasizes overseeing and controlling the content of films and games, including their advertisement media. The critical aspects of the Draft FGA are outlined as follows:
Content Rating: Films and games intended for release or distribution in Thailand must undergo a content rating process to decide the suitability for the age of audiences. This content rating can be conducted either through self-rating by the creator or by a Content Rating Committee of the Department of Cultural Promotion, Ministry of Culture (CRC). If self-rating, the creator must be registered with a central rating authority.
Films and games undergoing self-rating must not include content contrary to public order or good morals or may affect the security and dignity of Thailand. Additionally, it should not affect international affairs or have content prohibited within Thailand. The term “contrary to public order or good morals or may affect the security and dignity of Thailand” is often used in Thai legislation as a catch-all to cover possibilities that cannot be foreseen when the legislation is passed into effective law.
Export of films and games created in Thailand to other countries requires permission from the CRC.
Advertisement of films and games: The CRC must approve advertising for films and games. If advertisements for films and games are found to have content harmful to Thailand’s stability or dignity, regardless of whether they have been classified, they may be subject to legal action related to computer-related offenses.
However, the release of the Draft FGA has drawn sharp criticism, with concerns that it could potentially stifle future creativity and entertainment value in film and game content. Indeed, there are reports that the Draft FGA will be rewritten as it is outdated (as of the date of this article), stifles creativity, etc. According to public reports, the intent to rewrite will focus on support for business operators rather than obstacles to film production or creative works.
Nonetheless, the government’s intent to implement a content rating system for games and films in Thailand has not changed.
The comments here are for discussion and information purposes only. Nothing here should be or can be relied on as legal advice. If you are legally engaged in a criminal defamation matter, seek counsel from a qualified legal professional.
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