Critics have warned that the Move Forward Party (MFP)'s proposal to legalise the adult entertainment industry and its products, including pornographic materials and sex toys, may have adverse consequences unless measures are devised to prevent children from accessing pornography.
MFP MP for Bangkok Taopiphop Limjittrakorn, who submitted the bill to parliament early this month, said the changes will be discussed in the Lower House next month.
All types of adult materials -- including pornographic images and sex toys -- are currently banned under Section 287 of the Criminal Code.
If the amendment is passed, only certain kinds of pornographic materials will be banned, for example, clips and/or images depicting sexual violence, rape and paedophilia, said Mr Taopiphop.
The amendment will also restrict individuals under 20 years old from taking part in the production of adult content.
Mr Taopiphop said the amendment will also seek to ease the rules surrounding the sales of sex toys.
Adult products certified by the Thai Industrial Standards Institute (TISI) and the Food and Drugs Administration (FDA) should be available for the public to purchase legally, he said.
The MFP MP for Bangkok said he is ready to face criticism over the party's effort to pass the bill but insisted he was doing it with the public interest in mind.
"People should stop pretending [that adult content is taboo]. It is time to bring [the adult content industry] to the surface so it could be discussed openly and legally regulated. That's why I proposed the bill to the parliament," he said.
Mr Taopiphop said he won't personally benefit from this bill, adding he brought up the issue for debate because he believed that it was one way to drive society forward.
Legalising the industry could benefit the economy through taxation and help ensure the safety of individuals working in the industry, he said.
Many sex workers, for example, say they are exploited by customers who know they dare not complain to police if they are abused.
Responding to the concern that the legalisation of adult content could lead to more social problems, Mr Taopiphop said that pornography is now easily accessible to anyone with a connection to the internet.
"I don't see any harm if people watch porn only for personal sexual pleasure. It helps people release sexual tension.
"What could create problems is porn featuring rape and violent scenes and [that type of content] must be banned," he said.
"If the adult entertainment industry is better regulated, it may become another soft power of the country," he added.
Taopiphop: Ban violent scenes
The MFP's proposal to amend Section 287 of the Criminal Code had already undergone a public hearing, which was conducted from Aug 25 until Oct 31 last year.
While the hearing was attended by 1,072 people, only 22 expressed their opinions, meaning the proposal lacks public support.
A number of consultations with state agencies have also been conducted, namely the Ministry of Justice (MoJ), Ministry of Public Health (MoPH), Ministry of Education, Royal Thai Police (RTP) and Office of National Human Rights Commission.
The RTP, for instance, was concerned by the potential negative impact of easy access to pornographic materials, which it believed could cause sex-related crimes to spike.
All in all, this bill could do more harm than good to society if passed into law, according to the RTP.
The MoPH said the bill in parliament must include a mechanism to prevent people below 20 years old from getting involved in the adult industry, while the MoJ said the bill doesn't clearly differentiate between a legal and illegal production, which makes abuses by corrupt officials more likely to occur.
Protect vulnerable groups
Senator Angkhana Neelapaijit told the Bangkok Post that she agreed with the proposal to legalise the industry and ease the rules governing the sales of sex toys.
But she warned that measures must be in place to prevent children under the age of 18 from accessing sex toys and abusing them to sexually harass others.
"There is nothing wrong about using sex toys for personal sexual pleasure. It is illegal to abuse them against other people.
"We have to take into account those in vulnerable groups, such as children and the disabled who cannot protect themselves," she said.
"If sex toys are used to harass disabled people sexually, how can we protect them? The impacts [of easing the rules] must be considered carefully," she said.
Angkhana: Bill prone to abuse
Srida Tantaatipanit, managing director of the Internet Foundation for the Development of Thailand, disagreed with the MFP's proposal, saying it will lead to negative effects on minors.
Even if the amendment is passed into law, the lack of strict law enforcement could defeat the purpose of the amended law, she noted.
She also said many minors can access explicit content on the internet, especially on the OnlyFans platform, in which the sexual exploitation of minors is widely seen.
She added that many parents often find it hard to handle their children's curiosity about sexual development due to a lack of access to consultation from the experts.
"The proposal will not tackle the problem at its root. We should not support any law that will endanger the safety of children," she added.
Srida: Exploitation rampant online
Measures to curb access
Pol Lt Gen Jirabhop Bhuridej, commissioner of Thailand's Central Investigation Bureau, told the Bangkok Post that he was concerned about negative effects if the adult content industry is legalised as proposed by the MFP.
A lot of porn is now available online and it is easy for children to be exposed to it before they are ready, he said.
"Some adult content creators live-stream their content in secret groups. It is difficult to control children's access and exposure to such content.
"This will become a major concern if the industry is legalised without measures to regulate it," he said.
He also said that some children from poor families and those who lack proper education could be lured or forced into the production of adult content.
"Measures must be devised to prevent children from becoming victims of exploitation," Pol Lt Gen Jirabhop said.
"If the amendment is passed, regulations must also be issued to ensure that the production of adult content meets health standards while the actors may require regular physical and mental health check-ups," he said.
He also expressed concern about the use of artificial intelligence to create deepfake porn videos and images of others without their consent.
"If the industry is legalised, it is necessary for all involved to prevent such deepfakes," he said.
However, he noted that criminology studies have found that the adult content industry does not have much direct relevance to sex crime rates.
"The rate of sex crimes depends on the enforcement of laws by the authorities and the tools created to monitor those who tend to commit crimes and efforts to educate people about sex crimes so they can be adequately equipped to protect themselves," he said.
Apart from amending Section 287 of the Criminal Code, other related laws must also be amended to better regulate the industry, according to observers.
They include the Computer Crime Act, the Anti-Human Trafficking Act, the Film and Video Act and the Printing Recordation Act.
Jirabhop: Worries about deep fakes
Rachada Dhnadirek, an executive of the opposition Democrat Party, had previously said the party will support MFP's proposal to legalise sex toys.
Citing research by Technavio, a British market research company, she said legalising sex toys can bring economic benefits for the country.
The global sex toy industry has been growing by about 7% per year since 2019, which works out as an increase of about 300 billion baht per year, she said.
The government can impose taxes on vendors, which will lead to more revenue for the state, she said.