Legal Enforcement against Internet Fraud: A Study of Romance Scam

Abstract

Internet fraud through romantic relationships (Romance Scam) is an emerging and increasingly complex form of cybercrime in the digital era. Offenders typically create fake online profiles to approach and deceive victims—particularly those who are emotionally vulnerable, elderly, or seeking romantic or friendly relationships online. They employ psychological manipulation to build trust, leading victims to believe in the sincerity of the relationship before deceiving them into transferring money or assets.

            In the context of Thai society, cultural factors such as the belief in true love, familial attachment, and trust in others are often exploited to establish credibility and emotional connection. At the same time, the widespread use of smartphones and internet accessibility across all age groups has made vulnerable individuals easier targets for cybercriminals. This study also examines the role of technology in facilitating such scams, finding that offenders often use social media platforms and dating applications to access victims and build relationships systematically—ranging from initial communication and false representations to fabricating persuasive narratives that lead to significant financial loss. Victims’ emotional vulnerabilities—such as loneliness, the desire for acceptance, compassion, and belief in true love—play a crucial role in lowering their skepticism and making them susceptible to manipulation.

            A legal analysis reveals that current Thai laws, particularly Sections 341 and 342 of the Criminal Code and the Computer Crime Act (No. 2) B.E. 2560 (2017), are insufficient to address this form of fraud both in prevention and victim protection. The increasing use of advanced technology and digital assets, such as cryptocurrencies, complicates the tracing of financial transactions and law enforcement efforts. Moreover, inconsistencies in interpretation and enforcement create legal loopholes that allow offenders to evade accountability.

            Furthermore, the study compares Thai legislation with foreign legal frameworks—namely those of the United States, the United Kingdom (including England, Wales, and Northern Ireland), Germany, and France—which provide broader victim protection. These jurisdictions recognize deception that exploits emotional and psychological vulnerability as a serious offense, impose stricter penalties, and implement more effective mechanisms for financial transaction monitoring.

            The findings suggest that Thai law should be amended to align with the evolving nature of digital-era crimes. Specifically, new provisions should address fraud committed through romantic or emotional manipulation, establish penalties proportionate to the severity of the offense, enhance monitoring mechanisms for digital asset transactions, and promote public education on self-protection against such frauds. Strengthening these legal measures would improve Thailand’s ability to effectively prevent and respond to this form of internet crime.