Thammasat Law Journal

ส่วนหน้า

2025-09-29T09:36:59+07:00

Applying Motion to Strike to solve SLAPP problems in Consumer protection law

2024-11-18T11:31:43+07:00

Currently, consumers' rights are not adequately protected. Consumers are often restricted in their ability to exercise their rights freely, particularly their right to express opinions about products and services in good faith. Businesses may threaten consumers with defamation lawsuits, accusing them of making statements that harm the business's reputation. Under Section 423 of the Civil and Commercial Code. These types of lawsuits are referred to as “SLAPPs”, an abbreviation form for "Strategic Lawsuit Against Public Participation." Such lawsuits are designed to create difficulties for defendants who have expressed negative opinions about the plaintiff, thereby burdening them with the challenges of legal proceedings. Moreover, SLAPPs aim to intimidate others, making them fear to express their unfavorable feedback. Such lawsuits are often initiated by parties with unequal economic power, where the plaintiff frequently disregards the potential consequences of the judicial decision. The primary objective is to exploit the legal system to create difficulties for the defendant. In consumer cases, these types of lawsuits are not only constituting an abuse of the legal system but also threaten consumers' rights, which are fundamental and essential. Nevertheless, it is also important to consider the rights of businesses at the same time. It has been found that one optimal solution to combat these lawsuits is the use of a "Motion to Strike," which provides an option for consumers. To apply this motion, several legal frameworks must be considered, including draft legislation, directives from other countries, international law, as well as Thailand's draft legislation. Additionally, the Civil Procedure Code and the Consumer Case Procedure Act, B.E. 2551, must also be considered. Moreover, it is important to consider the difference between the "Motion to Strike" and Section 24 of the Civil Procedure Code to demonstrate that Section 24 alone is insufficient to resolve the issue. Key considerations regarding the "Motion to Strike" include the time frame for filing the motion with the court, the potential outcomes of filing the motion, the factors to consider when deciding whether to grant the motion, the burden of proof, and the consequences if the court grants or rejects with the motion. Additionally, the author proposes how this motion could be applied within the framework of the Consumer Case Procedure Act, B.E. 2551.

Interpretation of Section 1179 of the Civil and Commercial Code in Cases of Shareholder Absence at Annual General Meetings Convened Under Section 1171

2025-04-07T09:47:40+07:00

Quorum is a crucial requirement for company shareholder meetings. While legal provisions stipulate quorum requirements for both initial and adjourned meetings, companies often establish specific quorum rules in their articles of association. However, a company's articles of association specifying that shareholder meetings "at all times" require a certain number of shareholders present to constitute a quorum creates ambiguity in interpreting whether "at all times" encompasses adjourned meetings.

Research reveals that the laws of the United Kingdom and the United States do not contain explicit provisions directly addressing this specific scenario. However, they include provisions empowering courts to order a shareholder meeting even if a quorum is not met, to ensure the company's continued operation. Conversely, Thai law does not grant such power to the courts. Therefore, it is necessary to apply the principle of teleological interpretation, which considers the broader context and objectives of the law, to resolve this issue. This approach suggests interpreting "at all times" as referring exclusively to the initially called shareholder meeting and excluding adjourned meetings. This exclusion would then subject adjourned meetings to Section 1179, Paragraph 2, which stipulates that quorum requirements need not be considered. This interpretation avoids potential deadlock situations, aligns with the fundamental objective of company formation—continuous profit generation—and prevents certain shareholders from exploiting the phrase "at all times" in bad faith.

Analysis of Compliance of Thai Laws on the Protections of Victims of Domestic Violence with International Human Rights Law

2025-04-08T11:51:48+07:00

The women's rights movement has played a crucial role in fostering awareness that domestic violence is no longer a private matter but a pressing social issue necessitating state intervention through legal and other protective measures to safeguard the rights and well-being of victims. This shift in perspective has led to the adoption of a feminist lens in understanding domestic violence, recognising it as a manifestation of gender inequality perpetuated to uphold patriarchal structures. This framework underscores that domestic violence extends beyond physical abuse to encompass coercive control, psychological manipulation, and economic subjugation, often occurring in a continuous and systematic manner. Theories such as the cycle of violence and the Power and Control Wheel, commonly referred to as The Duluth Model, provide valuable insights into these dynamics. Furthermore, the concept of battered women syndrome has emerged to describe cases in which women, subjected to recurrent abuse by their partners, ultimately resort to violence in self-defence. Legal frameworks should take such circumstances into account to ensure fair and just sentencing.

Given the multifaceted nature of domestic violence, it is essential to examine the legal obligations of the state under international human rights law in addressing this issue. This research seeks to explore the extent to which international human rights law establishes norms and guidelines for the protection of victims of domestic violence and to assess whether Thailand’s legal framework and its enforcement mechanisms align with the country’s international legal commitments. The study reveals that the Domestic Violence Victim Protection Act of 2007 prioritizes the preservation of family relationships (a family-centered approach) over the rights and welfare of victims (a victim/survivor-centered approach). Moreover, several legislative provisions and enforcement practices exhibit shortcomings that necessitate further revision and reform.

Problems of the drug addiction treatment process under the Narcotics Code: Study the channels for entering treatment and legal consequences in the case of unsuccessful treatment.

2025-04-11T09:21:23+07:00

Thailand’s Narcotics Code only provides three approaches for drug users to enter treatment. The first is to enter treatment voluntarily under Section 113. The second is to enter treatment voluntarily by informing the officers when the person is discovered by the Office of the Narcotics Control Board (ONCB) staff, administrative officers, or policeunder Section 114. The last approach is used when the court considers the circumstances of the case inappropriate to punish the defendant, and the defendant agrees to enter treatment; the court may send the defendant to a drug rehabilitation center for treatment under Section 168. In addition, the Narcotics Code does not specify the legal consequences in the case of unsuccessful treatment under Section 114. The third paragraph of Section 114 merely states that the drug rehabilitation center responsible for treatment must compile the history, information, and behavior of each patient for use in considering whether to admit them for treatment. This loophole permits drug users to claim that they wish to enter the treatment system first only to subsequently depart to avoid prosecution and then leave the system later because their history is only recorded.

This documentary research involved examining all relevant documents related to drug treatment issues. Based on the study, narcotic laws in other countries provide more pathways to enter treatment than what is prescribed in the Narcotics Code of Thailand. For example, drug addicts can enter treatment if there is a report from a doctor who found that the person is addicted to drugs from a physical examination. Also, drug addicts can enter treatment if there is a request from a person related to the drug addict.

Therefore, there should be additional ways for drug users to access treatment, as this could improve the effectiveness of the law in addressing drug addiction issues and mitigate its collateral damage in society. In addition, Section 114 should be amended to specify clear legal consequences while still maintaining the intent of the provisions that provide opportunities for drug addicts.

Development and Amendment of the Law Concerning the Promotion of Development and Protection of Family Institutions

2025-05-06T11:06:54+07:00

This research aims to examine, analyze, and compile academic data and develop a framework for amending and enhancing the laws concerning the promotion, development, and protection of family institutions to optimize their effectiveness. The ultimate objective is to draft legislation on promoting, developing, and protecting family institutions that align with the contemporary socio-cultural context of Thai society. This study involves a comparative analysis of relevant Thai legislation, international conventions, and foreign legal frameworks, in addition to data collected from public consultations, stakeholders engaged in addressing domestic violence, and subject-matter experts through in-depth interviews, focus group discussions, and critique forums on the draft legislation.

In Thailand, incidents of domestic violence exhibit a growing trend and represent a sensitive and complex issue that requires distinct legal mechanisms separate from those applied to general criminal offenses. To address this issue with efficacy and sustainability, it is essential to establish legal measures that encompass both preventive mechanisms to avert incidents of domestic violence and protective mechanisms to safeguard victims. Furthermore, there must be provisions for redress, rehabilitation, and opportunities for behavioral reform to preserve familial relationships. Regarding protective measures, Thailand enforces the Protection of Domestic Violence Victim Act B.E. 2550 (2007), which is currently under revision. However, regarding preventive measures, the Promotion of Family Institution Development and Protection Act B.E. 2562 (2019) has been suspended due to certain limitations, creating a legal gap in advancing proactive preventive measures.

Consequently, the researchers have conducted research studies and propose the Promotion of Family Institution Development and Protection Act B.E. ... to implement it in conjunction with the revised Protection of Domestic Violence Victim Act B.E. ... . Key aspects of this draft legislation include refining definitions to ensure greater clarity, restructuring preventive operations for enhanced efficacy, delineating roles and responsibilities of the committee and relevant stakeholders with precision, and strengthening the role of networks in achieving the legislative objectives through integrated, cross-sectoral collaboration, particularly with local administrative organizations and civil society at the community level. Additionally, redundant provisions in the Promotion of Family Institution Development and Protection Act B.E. 2562, which overlap with those in the revised draft Protection of Domestic Violence Victim Act, are streamlined to ensure that the implementation of both statutes is conducted in a parallel, efficient, practical, and unified manner, thereby enabling a sustainable response to the issue of domestic violence in Thailand.

Legal Challenges in E-sport Industry: Should It Be Regulated?

2025-03-25T14:54:33+07:00

This article is part of a research project titled " Legal Challenges in E-sport Industry: Should It Be Regulated?” The research report was conducted by studying documentation from both Thailand and other countries and interviewing stakeholders from both public and private sectors. Further details can be accessed at the Faculty of Law, Ramkhamhaeng University.

The rapid growth of esports has significantly impacted various aspects of society, including the entertainment industry, the economy, and culture. Key impacts from the rapid expansion of esports include:

Economic Growth: The expansion of the esports industry has led to notable economic development, creating job opportunities, attracting investments, and generating revenue through related activities. These contributions help boost the economy by attracting participants and spectators, benefiting industries such as tourism and hospitality.
Growth in Media and Entertainment: Esports has become one of the primary forms of media and entertainment, with a continuously growing audience. This has driven the development of dedicated streaming platforms and broadcasting agreements, reshaping how competitive gaming content is consumed and engaged with, offering an entirely different experience compared to traditional sports.
Technological Innovation: Esports’ rapid progression has fostered technological innovations in gaming, streaming, and virtual reality experiences. These advancements have led to the development of gaming hardware, software, and infrastructure.
Cultural Influence: Esports has had a profound influence on popular culture, shaping trends in fashion, music, and entertainment. It has become a defining element in the cultural landscape, attracting a diverse and global audience.
Career Opportunities: The growth of esports has introduced new career paths, such as coaching, management, and content creation, providing diverse opportunities for professional development.

The rapid growth of the esports industry has sparked discussions regarding the need for government regulation to ensure a fair, sustainable, and well-rounded ecosystem. This research aims to study the benefits and challenges posed by esports in terms of governance and propose appropriate regulatory measures suitable for Thailand.

The The Legal Problem Concerning Applying Justification Clauses into the Case which the Defendant Is Charged with Section 112 of the Criminal Code by Analogy

2025-04-09T09:55:55+07:00

An important legal problem regarding applying section 112 of the criminal code is the problem that whether in the Thai legal system, the court is eligible to employ section 329, justification of the general defamation charge with criticism in good faith, by analogy, to acquit the defendant charged with section 112 of the criminal code or not. Concerning this problem, Thai jurists has been divided. Moreover, when analyzing this problem with the analogy legal framework laid out by Somyot Chueathai, viz., considering whether either it is a general principle provision or an exception one, contemplating rationale for and against analogy and considering essence of the considered provision, the author finds that the core of the problem involving analogy of section 329 of the criminal code to section 112 is the inviolable status of the king stated in section 6 of the constitutions of Thailand that whether this status is the determining factor when considering applying section 329 to the case the defendant charged with section 112. In order to answer the above question distinctively, finding spirit or objective of section 329 of the criminal code is necessary. Furthermore, the author proposes that it is required to do research on jurisprudence, legal history, comparative legal studies between relevant democratic states, socio-legal studies, Buddhist legal investigation and philosophical approaches and consider all of these aspects of the targeted law and its spirit comprehensively. If a related case is brought to the court, the court is competent to decide relevant legal issues by itself since they are sub-problems of the main problem of whether the defendant is guilty or not. For legal history, comparative legal studies, philosophy of law and socio-legal investigation including Buddhism legal studies, they are primary factual problems leading to the mentioned legal problem, and in criminal cases, the burden of proof bears on the plaintiff's shoulders. If the plaintiff is unable to prove beyond reasonable doubt that the social and cultural circumstances of Thailand indicate that section 329 is not supposed to be used by analogy in the case of section 112 when considering together with other legal factors, the court must give the benefit of the doubt to the defendant and deems the fact beneficial to him or her, leading to applying section 329 in the case of section 112 by analogy and acquits the defendant.

Legality of Leave without Pay in Thailand

2025-04-08T11:42:54+07:00

Currently, Thai law does not explicitly provide for unpaid leave, leading to difficulties in interpreting its legality. Specifically, there is uncertainty as to whether such leave conflicts with Section 75 of the Labor Protection Act B.E. 2541 (1998), which requires employers to pay partial wages to employees during temporary business closures. This article examines relevant legal provisions, guidelines issued by the Department of Labor Protection and Welfare, relevant court rulings, and common practices in Thailand. The analysis concludes that unpaid leave is legally permissible under Thai law, provided that a clear end date is specified and the employer obtains the employee’s explicit consent. Furthermore, such consent must be given voluntarily and without coercion or due to misunderstanding.

Media Freedom in Criminal Justice Proceedings

2025-03-27T09:12:38+07:00

News and information diffusion through mass media take up an important and influential part in society. As news is made available due to technological and communications improvements that allow fast and easy information-sharing opportunities with the public, the media have become very important in either building or reshaping the social landscape through the diffusion of current events into the public consciousness or warning people about perilous aspects of life. Therefore, media, methods, presentation styles, communication techniques, and the facts it uses are very powerful tools in making the public conscious and involved emotionally and may be a starting point for changes in social problems— or, on the other hand, even add to some extent toward societal problems.

The study reveals that, internationally as well as domestically—including in the United States, the Federal Republic of Germany, and Thailand—there are legal protections in place to safeguard the freedom of the press from government or authoritative interference. These protections aim to ensure that the media can operate independently, free from manipulation or the dissemination of false information. However, the unrestricted claim to press freedom or the absolute independence of media operations without limitations may infringe on the privacy rights, dignity, and reputation of individuals featured in news reports, as well as their families or close associates, either directly or indirectly.

Thus, Understanding the media's crucial role means we need to think about the boundaries of press freedom and how they can affect those involved in reporting the news. The government needs to create a coordinated approach among different agencies. This would help set clear guidelines for sharing information through various media outlets while also protecting the basic rights of all citizens. Moreover, it’s vital that laws supporting media freedom are actively enforced. We should also encourage the development of ethical standards and professional guidelines. Establishing a legally recognized regulatory body for the media would help oversee operations, ensuring that journalistic ethics and professional standards are followed in a thorough and organized way.

Integrated Legal Measures: Building Strong Community Networks to Reduce Recidivism in Thai Society

2025-04-22T13:28:32+07:00

This research article aims to study integrated legal measures to build strong community networks to reduce recidivism in Thai society. The objectives are to Study the problems related to the reintegration of offenders into society (rehabilitation) in Thailand, focusing on community participation in preventing recidivism among serious offenders. Examine the concepts and theories related to offender punishment, offender rehabilitation by the state in collaboration with communities, and the welfare and care of released prisoners. Analyze the legal provisions related to the reintegration of offenders into society and the prevention of recidivism through community participation, both in Thailand and abroad. Propose legal measures to prevent recidivism through community participation within Thailand, analyzing models of community participation in restorative justice processes, and exploring approaches to developing laws and policies that facilitate the creation of community networks for recidivism prevention. The research findings indicate that integrating legal measures with the strengthening of community capacity through collaborative networks among the government, private sector, and civil society significantly reduces recidivism rates. The development of legal mechanisms that allow community participation in the justice process, the creation of social and economic support systems for released prisoners, and the promotion of social awareness towards the acceptance of released prisoners back into society are crucial factors for success in reducing recidivism in the Thai social context. The researchers propose policy recommendations for the development of laws and practices that promote effective and sustainable community participation in the justice process.