MARKET ACCESS ISSUE UPDATES IN THAILAND
Problematic Film Act Potentially Imposes Screen Quota and Uncertain Censorship and Ratings
System: The Motion Pictures and Video Act B.E. 2550 (2008) (effective July 1, 2008, but not yet implemented)
imposes quotas and potentially onerous censorship and ratings provisions. Section 9(5) allows the Film Board to
establish a ratio between the number of local and foreign films, film/screen time quotas, at a time when there are 704
screens in Thailand (for context, approximately 57 local Thai films were issued in 2010, accounting for around 25% of
all films released). The number of screens in Thailand is more than enough to have a free market for theatrical
releases, and Thailand’s restrictive measure comes at a time when most other countries are removing quotas, not
putting them into place. These restrictions could, if imposed, have a significant negative effect on foreign film
distribution in Thailand.
The Act also imposes onerous ratings requirements on films, music videos and live performances, and
censorship requirements33 on films, audiovisual products, music used for karaoke, and videogames.34 The concerns
over this ratings and censorship regime include: 1) the time frame for obtaining ratings or censorship approval, which
is too long (15 days), allowing pirates (who of course do not adhere to the law’s requirements) to gain a head start; 2)
the costs associated with rating or censorship, again, giving pirates an additional cost advantage in the market; 3) the
severe consequences for failure to comply with the ratings and censorship system, of criminal liability including both
jail time and a fine; and 4) the fixation requirement, i.e., that the relevant rating or censorship code be “fixed” onto the
container of films or audiovisual products as well as on the packages, and that the right holder “embed” the rating or
censorship code into the content of films and audiovisual products so that the rating or censorship code appears on
the screen or any media when broadcasted or displayed. The government should reevaluate this ill-conceived and
outmoded legislation.
One further part of the Film Act places responsibility on Internet cafés, distributors (shops or stalls) of films
and audiovisual products, theaters, as well as Karaoke operators, to acquire a “license to operate the business” in
advance, with violators subject to criminal liability of up to BHT1 million (US$30,000) or up to two years in jail.
Industry has noted optimistically that the new law could be used to curb piracy in street stalls, shopping malls and
complexes and even in Internet cafés in parallel with Copyright Law. If implemented, such restrictions would have a
significant impact upon the theatrical sector as local productions of total films released.
Ban on Investment/Ownership in Terrestrial Broadcast Networks: Foreign ownership/investment in
terrestrial broadcast networks is prohibited. Proposed changes in the law would still severely limit such investment to
a 25% share. Such restrictions impede the development of legitimate content in Thailand, and should be relaxed.
The Royal Thai Government Should Reduce The Film Import Tax from 5 Baht to 0 Baht.
The Royal Thai Government Should Reduce The Current 30% Hard Goods Import Tax.
33In previous reports, IIPA has noted that “strict censorship guidelines in home video products have an adverse effect on the importation of DVDs, due to the
costly nature of having to delete such scenes from the DVD master simply for the Thai market.”
34The changes in the Film Act come at a time when Thai filmmakers, directors and producers are seeking greater deregulation, i.e., the switch from the strict
censorship regime to a more audience- and filmmaker-friendly ratings system, and are seeking to cut import taxes on film stock, cameras and other equipment,
which must be imported, and for which the duties are extremely high.International Intellectual Property Alliance (IIPA) 2012 Special 301: Thailand
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Television Advertising Restrictions: Advertising is now permitted under the Act on Broadcasting and
Television Operation Business, enacted in 2008, but is limited to a daily average of five minutes per hour for each
channel, or a quota of six per minutes in any single hour.
TRAINING AND PUBLIC AWARENESS
Copyright owners once again organized and/or participated in numerous anti-piracy trainings, regional IP
seminars, and public awareness activities in 2011 in Thailand. The entertainment industry group TECA and IFPI
delivered and/or participated in many trainings and seminars (including government-led trainings, and those
organized by international organizations like WIPO) for related government agencies regarding Internet age
investigation techniques, the future of the local Thai music industry, and updates on various copyright issues.35
MPAA engaged in ongoing “Make a Difference” trainings to show cinema staff how important their role is to stop
camcording, identifying illegal camcording, and identifying steps to take (e.g., who to contact) when illegal
camcording is detected and the perpetrator has been confronted. Internet piracy training sessions were also held with
ECD and the Cyber-Crime Police focusing on investigative techniques. Several other trainings and meetings were
held with the special branches of the Royal Thai Police and IP & IT Court judges and Public Prosecutors. MPAA
initiated several programs together with the DIP and the Thai Film Federation and academic institutions on IP
education campaigns. In celebration of World Intellectual Property Day, representatives from across the Thai film
community appeared in a video trailer to thank fans for choosing to watch movies in theaters and on legitimate copies
at home. This trailer features cinema ushers thanking the audience for not camcording, highlighting the problem of
illegal recordings sourced from Thai cinemas.
BSA organized and/or collaborated on software license compliance seminars (where local authorities had
the opportunity to directly communicate with businesses on the impact of software copyright piracy on the country
and request for software license compliance) as well as educational programs on software IP protection. Industry
also participated in Royal Thai Government events at which sizeable numbers of pirated products were destroyed;
these events presented opportunities to educate the public about the harm caused by piracy.36 IIPA and several
industry members participated in a regional ASEAN-USPTO-USDOJ Workshop on Copyright and Effective Practices
Against Digital and Internet Piracy in late March 2011 in Bangkok. The Royal Thai Government also organized
several public awareness events including a World IP Day event on April 26, 2011, an IP Fair 2011 in September
2011, which was expected to draw close to 100,000 people over a three-day period and was designed to promote
35The following is a non-exhaustive list of some of the programs TECA was involved in during 2011:
“The Suppression of IP Infringement in Digital Age,” February 28, 2011. The purpose of this Ministry of Commerce/DSI seminar was to educate police
officers on the importance of intellectual property protection as well as discuss the current situation of piracy. There were around 70 private sector
attendees mostly from ISPs, telecommunication companies, and copyright companies/associations and 200 police officers with commissioned ranks and
higher, sub-inspectors under the Central Investigation Office and the Metropolitan Police Bureau also attending the seminar. Another 200 police officers
from Provincial Police Bureaus Regions 1 and 8 attended the Seminar as well. IIPA also presented at this seminar.
“New Era of Thailand’s Music Industry,” March 30, 2011. This seminar was organized in response to the question of whether the Thai music industry would
be collapsed and lose to K-Pop (Korean Pop). The seminar was organized by DIP, TECA, and Bangkok University. Universal Music Thailand and TECA
gave presentations at the seminar. The seminar brought in more than 400 attendees mainly from music industry.
Short Film Making Competition, August- October 2011. MPA, the Thai Film Association Federation, and TECA organized and launched the “Anti-Piracy
Short Film Competition.” The project was to raise awareness about copyright protection to young people and students. An award was given to the winner
who was sent to a 3-day Seminar on Film Making in Beijing in November 2011. The first runner-up and the second runner-up got prizes of Bt10,000 and
Bt5,000 Baht.
Three Special Lectures on “Entertainment Industry in a Changing World,” June 7, June 29, and August 2, 2011. At these events, TECA, in cooperation with
the MPA, provided update information on the entertainment industry locally and globally, and to have judges, prosecutors, or officers keep track with the
advent of digital technology which affects consumers’ behavior with regard to copyright products. There were around 50 judges, both career and associate,
attending the first session, around 60 public prosecutors attending the second session, and around 50 officers attending the third session.
36The first destruction ceremony took place on June 30, 2011. DIP in cooperation with the Royal Thai Police, Royal Thai Customs, DSI and intellectual property
right owners, attended the event in Phuket Municipality. Counterfeits and pirated goods weighing approximately 90 tons were destroyed, with an estimated value
of the seizures being Bt58 million. The second destruction ceremony took place on August 29, 2011. DIP in cooperation with the Royal Thai Police, Royal Thai
Customs, DSI and intellectual property right owners, attended the event in Phuket Municipality. Counterfeits and pirated goods weighing approximately 120 tons
were destroyed, with the potential value of the goods they indicated amounted to Bt3.1 billion (US$100 million). The third destructio