In brief
The Office of the Council of State (OCS) is conducting a public consultation on a new Draft Amendment to the Criminal Code (No. …) B.E. … ("Draft Amendment"), which proposes to introduce additional criminal offences to enhance online safety, to supplement the recent Criminal Code Amendment (No. 30), which introduced sexual-harassment related offences from 30 December 2025.
The consultation runs from 1-20 March 2026. The proposed amendments target misconduct committed through online and digital media, with stricter penalties where the victims are children.
Organizations are encouraged to review and update relevant policies, assess potential criminal exposure, and consider submitting comments to the OCS during the 1-20 March 2026 consultation period.
In more detail
Background
- Following the enactment of Criminal Code Amendment (No. 30), the OCS has issued an additional draft of further amendments to the Criminal Code addressing emerging risks associated with online and digital media, particularly in relation to children and minors.
- The Ministry of Justice previously submitted the Draft Amendment to the Cabinet, which approved it by resolution dated 18 March 2025.
- The Draft Amendment introduces new and expanded offences targeting harmful online behaviors, including sexual grooming, sexting, sextortion, stalking, and bullying conducted through electronic means.
Key proposed offences
The Draft Amendment proposes the following key offences:
1. Sexual Grooming
If an offender aged over 18 years makes a person aged not over 18 years trust the offender by way of persuading, luring or otherwise performing any act for the sexual benefit of the offender or others, the offender could be criminally liable. Grooming resulting in actual harm or grooming of a child (i.e., a person aged not over 15 years) may result in increased criminal penalties.
2. Sexting
Sending or forwarding inappropriate sexual content to a person aged not over 18 years by a person aged over 18 years, for the sexual benefit of the offender or others. Applicable content includes, but is not limited to, written messages, images, and sounds. Higher penalties apply where the victim is a child (i.e., a person aged not over 15 years).
3. Sextortion
Threatening any person to send, forward, or otherwise distribute inappropriate sexual content of that person or their family member, where such threat is likely to drive the victim to perform or refrain from performing any act, or submit to or accept any sexual act. Higher penalties may apply where sextortion results in actual harm or the sextortion of a child.
4. Stalking
Continuously or repeatedly (i.e., more than one time) following, monitoring, or attempting to contact a person, whether directly or indirectly, in a manner that disturbs the privacy or normal life of that person. Stalking of a child could result in increased penalties.
5. Bullying
Continuously or repeatedly (i.e., more than one time) harassing, bullying, mocking, ridiculing, being sarcastic, or otherwise performing any similar act against another person in a manner likely to cause embarrassment, distress, fear, or harm (physical, mental, hygienic, liberty-related, reputational, or property-related) to such person. Bullying carried out through publicly accessible computer systems, or bullying of a child, will result in increased penalties.
Impact on online intermediaries
- The Draft Amendment primarily targets individual offenders, including any persons, and specifically persons aged over 18 years, for offences involving sexual grooming and unwanted sexting, among others.
- While the Draft Amendment does not specifically address the role of online intermediaries (such as platform operators and online social media service providers), there remains a potential legal risk that intermediaries could be exposed to liability as criminal supporters or contributors to offences committed by users under the existing principles of criminal law.
Considerations for organizations
Organizations, particularly operators of online and media platforms, are encouraged to consider reviewing and updating internal guidelines, codes of conduct, and content moderation policies to address the newly proposed offences. Assessment of potential exposure to secondary or contributory criminal liability is recommended. Businesses are also encouraged to consider submitting comments or feedback to the OCS during the public consultation period (1-20 March 2026).
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Aue-angkul Santirongyuth, Associate, has contributed to this legal update.