Notification of the Advertising Committee re Guideline for using advertisement statement which challenging to prove and Guideline for proving the adve

NEW LAW/GUIDELINE UPDATE

Notification of the Advertising Committee re Guideline for using advertisement statement which challenging to prove and Guideline for proving the advertisement statement B.E. 2565

Just a new law/guideline update. Notification of the Advertising Committee re Guideline for using advertisement statements which challenging to prove and Guideline for proving the advertisement statement B.E. 2565 (“Advertisement Rules and Guideline”) by the Advertisement Committee under the Office of Consumer Protection Board was announced and became effective on 14 January 2023.

This Advertisement Rules and Guideline provides a guideline of how to appropriately advertise and avoid using Unfair Advertisement Statements to the consumer.

Definition: “Advertisement Statement means any means to make a statement to the public for commercial purpose.”

Purpose: To solve the problems that nowadays many advertisement statements are made to allure the customer to buy products or services, especially by using a hard-to-prove statement. Also, this Advertisement Rules and Guideline will be used as a standard practice for the relevant authorities to determine the case (if it ever becomes a dispute).

Summary of some key requirements: Advertisements in whatever channel (e.g., electronic, tv, billboard, newspaper);

• must be in Thai (or Thai translation)
• must be clear, precise, and understandable
• must not be misleading in the substantial of products and services
• the details must be minimum content, and the size of text or length of on-air time must be as required by law
• must base on the consumer’s understanding, such as if said free of charge must also be absolute condition free; otherwise, all conditions must explicitly notify the consumer.
• If reference to the research result of any institution, the business operator must be ready to prove by showing the research result to the authorities (if they come to check).
• must not reserve the future right to amend the condition without advance notifying the consumer
• must not rely on the personal belief of each person (??????????????????)
• any guarantee words must be clear and precise on how many days guarantee, conditions, and how to return the money (not just a broad satisfaction guarantee.)
• If the business operator receives the letter to prove its advertisement statement. In that case, such business operator must be able to complete within 15 days from the date that such business operator receives the letter from the authorities.
• If the business operator fails to prove and breach any item in this guideline. In that case, such a business operator shall be deemed as using an unfair advertisement statement to the consumer.

Penalty: 3 month imprisonment or pay a fine not exceeding THB 60,000 or both

Link:

Please see more detail in the below link:

Guideline for using advertisement statements which challenging to prove

https://ratchakitcha.soc.go.th/pdfdownload/?id=140D009S0000000003300

Guideline for proving the advertisement statement

https://www.ocpb.go.th/download/1234/20.pdf

OCPB Act

https://www.ocpb.go.th/download/article/article_20200221144401.pdf

Please let me know if you have any questions.