Critics have warned that unless steps are put in place to stop children from accessing pornography, the Move Forward Party ( MFP)’s proposal to legalize the adult entertainment industry and its products, including pornographic materials and sex toys, may have negative effects.
The adjustments will be discussed in the Lower House next month, according to MFP MP for Bangkok Taopiphop Limjittrakorn, who submitted the costs to parliament in the first part of the month.
Erotic photos and sex games are now prohibited from being used in any way by Section 287 of the Criminal Code.
If the article is passed, only certain types of sexual elements will be banned, for example, videos and/or images depicting sexual assault, assault and paedophilia, said Mr Taopiphop.
Additionally, the article forbids people under the age of 20 from producing adult content.
The article, according to Mr. Taopiphop, may also work to relax the regulations governing the sale of sex toys.
According to him, adult products that have been approved by the Thai Industrial Standards Institute ( TISI) and the Food and Drugs Administration ( FDA ) should be accessible to the general public for legal purchase.
The Bangkok MFP MP asserted that he was acting in the public’s best interest while accepting censure for the group’s effort to pass the bill.
” People should stop pretending]that child material is taboo]. It is time to bring]the child content industry ] to the floor so it could be discussed openly and constitutionally regulated. That’s why I proposed the invoice to the parliament”, he said.
Mr. Taopiphop claimed he would n’t personally benefit from this bill, adding that he brought it up for discussion because he believed it would help advance society.
He claimed that legalizing the economy may reduce taxes and improve the safety of those who work in it.
Some sexual employees, for instance, say they are exploited by consumers who know they dare not talk to authorities if they are abused.
Mr. Taopiphop expressed concern that the legalization of mature content might lead to more social issues, noting that sexuality is now readily available to anyone with an internet connection.
” I do n’t see any harm if people watch porn only for their own sexual desires,” he said. It helps individuals launch physical tension.
” What may create problems is video featuring murder and violent moments and]that type of content ] must be banned, “he said.
” If the adult entertainment market is much regulated, it may become another gentle authority of the country, “he added.
Taopiphop: Ban harsh images
A public hearing on the MFP’s plan to alter Part 287 of the Criminal Code was held from August 25 until October 31st, 2013.
While the reading was attended by 1, 072 persons, just 22 expressed their opinions, meaning the plan 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 example, was concerned by the possible negative effects of quick access to sexual materials, which it believed may cause sex-related acts to rise.
Overall, the RTP believes that if passed into law, this bill could harm society more than it does good.
The MoPH argued that the bill in parliament must have a mechanism to stop people under the age of 20 from engaging in adultery, while the MoJ argued that the bill does n’t clearly distinguish between a legal and illegal production, increasing the likelihood of abuses by corrupt officials.
Protect vulnerable groups
Senator Angkhana Neelapaijit stated to the Bangkok Post that she supported the proposal to legalize the sector and relax the regulations governing the sale of sex toys.
However, she cautioned that steps must be taken to stop children under the age of 18 from having access to sex toys and using them to sexually harass other people.
There is no harm in using sex toys for sexy pleasure on your own. They are prohibited from being used 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.
She noted that the absence of strict law enforcement could undermine the amendment’s intended application even if it were passed into law.
She added that many minors can access explicit content on the internet, particularly on the OnlyFans platform, where minors are frequently exposed to sexual exploitation.
She continued, noting that many parents struggle to control their children’s curiosity about sexual development because they lack access to expert advice.
” The proposal wo n’t address the root of the issue. We should not support any law that will endanger the safety of children”, she added.
Srida: Exploitation rampant online
Measures to curb access
Thailand’s Central Investigation Bureau commissioner, Pol Lt Gen Jirabhop Bhuridej, told the Bangkok Post that he was concerned about the negative effects of legalizing the adult content industry as the MFP had suggested.
It’s simple for kids to be exposed to porn before they are ready, he said, because there is so much porn now available online.
” Some adult content creators live-stream their content to secret groups. It is difficult to control children’s access and exposure to such content.
If the industry is legalized without taking any steps to regulate it,” this will become a major concern,” he said.
He added that some children from poor families and those without proper education could be duped into producing adult content.
” To prevent children from becoming victims of exploitation, measures must be devised,” Pol Lt. Gen Jirabhop said.
If the amendment is passed, rules must also be issued to ensure that adult content production adheres to health standards while the actors may need frequent physical and mental health checks, he said.
He also expressed concern about how people can create fake pornographic images and videos without their permission using artificial intelligence.
” If the industry is legalised, it is necessary for all involved to prevent such deepfakes, “he said.
He did point out that he was wrong to say that criminology studies have shown that sex crime rates are not significantly correlated with the adult content industry.
According to him,” The rate of sex crimes depends on the enforcement of laws by the authorities, the tools used to track those who commit crimes, and efforts to educate people about sex crimes so they can be adequately equipped to protect themselves.”
Apart from amending Section 287 of the Criminal Code, other related laws must also be amended to better regulate the industry, according to observers.
The Anti-Human Trafficking Act, the Film and Video Act, the Printing Recording Act, and the Computer Crime Act are among them.
Jirabhop: Worries about deep fakes
Rachada Dhnadirek, a member of the opposition’s Democrat Party, had previously stated that the party would back MFP’s plan to legalize sex toys.
Citing research by Technavio, a British market research company, she said legalising sex toys can bring economic benefits for the country.
Since 2019, the global sex toy industry has grown by about 7 % annually, which is equivalent to an increase of about 300 billion baht, she said.
The government can impose taxes on vendors, which will lead to more revenue for the state, she said.