Child porn penalties set to intensify

A stricter law carrying long prison terms will be enforced against anyone possessing or distributing pornographic materials of children and people under the age of 18, starting in December.

A section of the Criminal Code governing possession, distribution and benefits derived from such pornography has been amended to allow for tougher prosecution of offenders, says Sarawut Benjakul, secretary-general of the Institute of Legal Education, Thai Bar Association.

The amendment was passed by the National Legislative Assembly and published in the Royal Gazette in preparation for enforcement in December.

The amendment follows Thailand’s signing of the International Convention on Children’s Rights.

The materials comprise objects or visual displays, both static and in motion, of sexual acts involving children and people under 18. The displays in question also include portraits and drawings, and files kept in electronic devices, mobile phones and computers.

Anyone receiving the pornographic images from the Line chat application and using them, even for personal sexual entertainment, becomes an offender. The amended law leaves no room for violation of children and the underaged under any circumstances, Mr Sarawut said.

Those who possess pornography showing underaged individuals for personal entertainment purposes are liable for a jail term of up to five years and/or a maximum fine of 100,000 baht.

Forwarding the materials to others is punishable by a jail term of up to seven years and/or a maximum fine of 140,000 baht.

Anyone who possesses, distributes or imports the materials with the intent to commercially benefit from the pornography could face 3-10 years imprisonment and a fine of between 60,000-200,000 baht.

Dej-Udom Krairit, president of the Lawyers Council of Thailand, said under the amended law, police can file a criminal charge against a suspect without having to wait for the damaged party to lodge a formal complaint.