The author recommends that the two conditions in Section 32(1) should not be applied
alone as general exceptions even in limited circumstances, but should be removed from the Thai
CA 1994 altogether. This position is based on four arguments. Firstly, although the language
of Section 32(1) (which is the primary source of interpretation) provides clear conditions to be
satisfied and clear results from satisfying those conditions, the legislators of the Thai CA 1994
had no intention to allow the two conditions of Section 32(1) to apply as a general exception.45
Further, the context of the exceptions in the list of permitted acts in Section 32(2) and the
specific exceptions in Sections 33, 34, 35, 36 and 43, considered as a whole, support this
argument because these exceptions have incorporated the two conditions in Section 32(1) as
preconditions that need to be satisfied, together with other additional conditions in order to be
exempted from copyright infringement.