Korean girl group BLACKPINK's Thai member Lisa recently appeared on the US program "Tonight Talk Show" and drank Thai beer with host Jimmy Fallon. The scene of Lisa holding up a beer bottle and saying "mot kaeo" in Thai unexpectedly sparked widespread discussion on Thailand's alcohol advertising regulations. In the picture, the easy open end beer bottle and brand name are clearly visible. Although the incident occurred in the United States and is not directly governed by Thai law, this picture forms a strong contrast with the strict alcohol advertising enforcement regulations being drafted in Thailand, which has drawn attention to the potential impact of the new regulations on media and brand communication.
Current regulations on alcohol advertising in Thailand
According to Article 32/1 of the revised Thai Alcoholic Beverage Control Act, alcohol advertising is strictly restricted and is only allowed to provide "information, knowledge, or public relations materials" under specified conditions, and must not constitute direct or indirect inducement. The Legal Subcommittee of the Office of the Alcoholic Beverage Control Committee under the Disease Control Department of the Ministry of Health has drafted detailed implementation regulations for Article 32/1 and conducted public consultation on September 9th.
Specific limitations proposed in the draft
The scope of "information" allowed by the draft is limited to factual information such as alcohol content, ingredients, place of origin, production process, geographical indications, and normal retail prices, and shall not constitute inducement behavior. The draft proposes to prohibit the use of images of alcoholic beverages, packaging, or any part of them in relevant communication materials, which means that the commonly seen "beer bottle with clear brand labels" image in foreign television programs will face strict restrictions under the Thai legal framework.
In terms of media coverage, the proportion of brand names or logos on television, movies, videos, electronic media, websites, and social media shall not exceed 5% of the screen and broadcast time; Other media shall not exceed 3%; Printed materials and dining menus are 5%. The brand name or logo shall not appear on the cover, back cover, middle page, or wrap around layout. In terms of television broadcasting, content containing alcohol brand information can only be broadcasted from 10 pm to 5 am.
Industry concerns: unclear definition of 'inducement'
The most confusing aspect of the draft for the industry is the unclear definition of "direct or indirect inducement". The industry is concerned that this vague statement may affect normal commercial communication involving product images, packaging, prices, sales point lists, and brand information.
The Craft Beer Trade Association Thailand has requested authorities to re-examine multiple provisions, particularly the regulations prohibiting the use of product and packaging images, pointing out that these measures may affect small businesses that need to establish brand awareness.
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