Thailand’s Anti-Fake News Centre has rejected claims that Thai nationals can operate gambling websites overseas outside the reach of Thai law simply because the business is legally licensed in another country.
The centre, under the Ministry of Justice, classified the claim as misinformation yesterday, October 7, saying foreign licensing alone does not determine whether Thai criminal law applies.
The disputed claim circulating on social media stated that Thai nationals could work in the online gambling business if they operated in a country outside Thailand and obtained legal permission there.
The centre said Sections 4, 5 and 6 of the Criminal Code must also be considered when determining whether conduct linked to another country falls under Thai jurisdiction.
Section 4 provides that anyone who commits an offence within Thailand is subject to Thai law.
Section 5 also allows certain offences to be treated as having been committed in Thailand when part of the conduct takes place in the country or when the consequences occur in Thailand, subject to the conditions set out in law.
Section 6 can apply where an offence is considered to have taken place in Thailand even though the conduct of some people involved, including those who instructed, supported or jointly participated in it, occurred outside the country.
The Anti-Fake News Centre also pointed to the Gambling Act of 1935, which regulates organising gambling, participating in gambling and advertising or encouraging others to gamble.
It said whether a particular activity falls under the Gambling Act must be assessed according to the facts and circumstances of each case.
As a result, the centre said it was misleading to conclude that a gambling operation falls outside Thai law solely because it is based overseas or holds a licence issued by another country.
Any potential criminal liability would have to be considered individually based on the evidence, the conduct involved and the relevant provisions of Thai law.
The clarification follows recent scrutiny involving Bhumjaithai MP Suchada Zhang Thaensap and her Australian husband, Taiyang Zhang.
People’s Party MP Rangsiman Rome raised allegations in Parliament concerning possible links between the couple and a call centre scam or online gambling business. Suchada denied the allegations and challenged Rangsiman to produce evidence.
Justice Minister Ruthapon Naowarat later said preliminary checks found that Shuffle.com, an online gambling website linked to Taiyang in social media posts, was legally licensed in Curaçao and was outside Thai jurisdiction.
He also said Thai agencies would act if evidence of conduct violating Thai law emerged.
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