Last month, Bangkok-based Artid Sivahansaphan was convicted for a post he put out on Facebook. It was an image and a review of a craft beer. But a Thai court ruled that it seemed like an advertisement for alcohol–not permissible by law. Sivahansaphan was awarded a suspended six-month prison term and a fine of 150,000 baht (Rs3.6 lakh, approximately). The craft beer enthusiast argued that his post was intended as a personal review as a consumer and not as an advertiser. “The day that I waited for my bail approval, someone convicted of drunk driving walked in. He was fined 60,000 baht, and I was like, ‘What? I write stuff at home, and I got a 150,000 Baht fine,’” Artid told AP News. So can a boozy evening on a Thai beach land you on the wrong side of the law? We spoke to various stakeholders from the country–from anti-alcohol activists to social media marketers–for clarity on rules governing alcohol, and a handy guide to ensure you can share your pictures safely.
What the law says
In Thailand, The 2008 Alcoholic Beverage Control Act makes it illegal to endorse alcohol under various conditions. While there are a host of labels and local brews to try in the country, the sale, consumption and advertising of alcohol is regulated by laws that you may or may not be aware of as an outsider. Section 32 of the Alcohol Control Act, B.E. 2551 (2008) says:
“No person shall advertise or display, directly or indirectly, the name or trademark of alcohol in a manner showing the properties thereof or inducing another person to drink. Advertisements or public relations provided by the manufacturer of any kind of alcohol shall only be made for giving information therein or giving social creative knowledge without displaying any illustration of such alcohol or its package, except for the display of a symbol of said alcohol or that of its manufacturer as prescribed by the Ministerial Regulation. The provisions of paragraph one and paragraph two shall not apply to any advertisement broadcast or originating from outside of the Kingdom.”
Anyone found violating this law is liable to imprisonment and/or a fine of up to 5,00,000 baht (Rs12 lakh, approximately).
With the highest per capita alcohol consumption in South Asia (as of 2021), Thailand grapples with several behavioural consequences from drunk driving to violence under influence. Which is why one can consume alcohol–and also have the right to acknowledge that they drink–but Thai people do not want people to invite more and more people to come and get drunk in the country. Teera Watcharapranee, manager at anti-alcohol advocacy group Stop Drink Network tells us that while the alcohol industry keeps the wheels of the economy greased, the country does not promote its active endorsement.
So, can you post about alcohol?
Yes, but within certain guidelines. Let’s get one thing straight: consumption of alcohol is not banned in the country. And not every post you make about alcohol is a violation of the law. And if you ask a local, they’ll tell you that tourists are unlikely to be “targetted” under this law, as they usually have no motive to promote or sell alcohol. Mimi Lohitnavy, Director of Marketing and PR at the GranMonte winery and vineyard, says, “There is no precedent of overseas journalists or bloggers on a short term trip to Thailand getting fined for posting about alcohol. And the laws explicitly exempt advertising–extrapolated to social media posts–generated from outside the kingdom. [When here,] regular folks are not exempted from the law but enforcement is irregular at best.”
But if you are caught posting something questionable in Thailand, whether or not a post or picture is advertising alcohol is decided at the local authority’s discretion. And there is a fine line between what is okay and what is not. So ideally, it’s best to avoid posting about alcohol altogether.
Keep this in mind while posting about alcohol
You’re expected to know, but you can ask
Most establishments expect journalists and travel bloggers to know the law and have their own format for creating content. But if you’re unsure, consider asking the establishment you’re at if they have any suggestions on the matter. At the GranMonte vineyard, the staff explains the basics of the law and are happy to make suggestions about what works or doesn’t work.
Do not mention names or brands
The law is against any form of advertisement, and Teera explains that if you post about a specific brand, it may or may not be construed as a paid or barter collaboration. Don’t show yourself drinking alcohol with labels and avoid photos with alcohol branding or zoomed in shots of bottles. Samantha’s pro tip is that if it is necessary to post a certain picture, blur any logos and branding. “Turn labels away from the camera, compose the shot with the [spirit] placed among other objects, or simply show it only in glasses,” Mimi suggests.
Don’t entice others to drink
While you’re free to say that you enjoy a drink on the beach, calling others to join you is a different thing. Samantha Proyrungtong from brand building and PR/Marketing agency Extrovert Consulting Agency advises against posting any content that encourages or ‘entices’ people to come to drink alcohol or visit an alcohol-serving establishment. “No one is going to arrest you if you’re wearing a Singha beer t-shirt on the beach. But if you post a video of yourself asking people to come and join you for a booze fest, that could be problematic—especially if there is branding on your hands and all around you,” she explains.
Know exactly what you’re advertising (if at all)
Samantha handles PR and marketing for PR brands alongside running a creative media page called Bangkok Foodies. When advising a brand or planning strategy, she decides what works and doesn’t work on a case-to-case basis. For example, it may be okay to cover a bar, as the law prohibits promoting alcohol, not establishments. But as a rule of thumb, she suggests avoiding endorsement of anything directly alcohol-related. “This could mean avoiding phrases like ‘Tonight we’re having special cocktails, come and try…’ or promoting happy hours,” she says.
And then do it creatively
Instead of straight up talking about a drink, get creative: take photos and videos of the food and venue, of bartending and bartenders, and even cocktail making without showing any labels. At GranMonte, the team encourages guests to keep their message about the experience and knowledge gained from visiting the vineyard instead of talking about the qualities of any specific wine they taste. “You can also share educational content like wine pairings with cheese or the science behind cocktail making,” Samantha adds.
Finally, as Teera puts it, “If you wish to show your lifestyle–like drinking alcohol against a beautiful sunset–you can do it. Because that is you sharing a part of your life, not advertising the alcohol. [But] tourists should not come to Thailand for the alcohol, but for the culture.”
