Measure and Mechanism for Online Gambling Restrictions in Foreign Countries and Guidelines on Building Thailand Online Gambling Restrictions Mechanism

Abstract

The objective of this research is to explore body of knowledge arising from experience in foreign jurisdictions on legal measures and mechanisms for controlling online gambling in order to propose guidelines for their reformations and improvements for application on online gambling in Thailand.

            The research method can be divided into two parts. The first part is the review of Thai laws pertaining to online gambling and other relevant laws that can be applied in such case. The second part is the comparative study of the laws from foreign jurisdictions. From the study, it was found that Thailand has no specific legal provisions for controlling online gambling. However, there are laws that apply to either the Gambling Act or other laws relating to gambling which does not cover the complexity of the online gambling business.

           Knowledge from facts and legal contexts obtained from foreign experiences reflects guidelines for improving measures or legal mechanisms that can be used to control online gambling in Thailand. There are two measures. First, the short-term measures should be promoted by amending the law by authorizing state officials to have the power to suspend the dissemination of information or to block websites about online gambling in accordance with Section 20 (3) Act on Computer Offenses, BE 2017, encouraging staff to be knowledgeable and have expertise in technology offenses, protecting children and youth by using surveillance measures and punishing offenders involved in the case of children. The long-term measures include amendments to the law by having a committee that acts specifically to play a role in online gambling directly, rules for asking for permission by following qualifications of applicants and conditions, and penalties to enhance the effectiveness and clarity of laws in controlling online gambling.