Influencers Beware – Posting About Alcohol on Social Media in This Country Could Mean Big Fines and Jail Time

(Photo: Umanoide/Unsplash)

Thai courts convicted a craft beer enthusiast on Friday for a beer post on social media. The Nonthaburi court, just north of Bangkok, determined that the man violated a law on advertising alcoholic beverages when he posted a photo and his review of a beer on Facebook. The conviction brought with it the prospect of jail time and a large fine. As of Monday, the beer reviewer, Artid Sivahansapha plans to appeal the conviction and see to it that the law changes. 

Thailand passed the Alcoholic Beverage Control Act in 2008. This act prohibited “advertising or displaying, directly or indirectly, the name or trademark of any alcoholic beverage.” Those who violated this law can face up to one year in prison and a fine of 500,000 baht (US$14,560). Furthermore, the Thai government regulates the production and sale of alcoholic drinks. This includes limited sales hours and the banning of advertising or any other depictions of alcoholic beverages.  

Artid Sivahansapha made the post on Facebook back in 2020. The court initially sentenced him to eight months in prison and a fine of US$5,800 for allegedly advertising alcoholic beverages. After Sivahansapha’s testimony, Friday’s court decisions reduced the punishment to a 150,000 baht (US$4,370) fine and a suspended six-month prison sentence. 

Chang is one of Thailand’s most popular beers. (Photo: Anastasiia Balandina/Unsplash)

Many do not agree with Thailand’s strict rules around alcohol which includes blurring images of alcoholic drinks on television. A coordinator of Beer People, a group that promotes lessening restrictions on beer production and sale, Supak Ko-it attended the court session and was critical of how the court handled the case. 

“The court didn’t seem to understand,” said Ko-it, according to AP News. “Artid wrote the post from the aspect of a consumer reviewing a beer, not someone selling it, but the court wasn’t interested in that point.”

Some find that Thailand’s regulations favor big business and help preserve the country’s wealthy elite. Thailand’s Move Forward Party is also working to change the laws and believes the government uses the laws for “bullying ordinary people and local entrepreneurs.” The party argues regulations should only apply to large companies and that small businesses should have greater freedoms with some restrictions.

Sivahansapha maintains that he is simply a freelance translator with a passion for craft beer and does not have any business interest in alcohol. For the past 10 years, he has written about both Thai and foreign beers on his Facebook page which has more than 70,000 followers. 

“I didn’t advertise it. I didn’t encourage people to drink it,” said Sivahansaphan. “Thailand is a country where it’s illegal for people to drink a beer and say it’s delicious.”

Sivahansaphan points out that the law seems to unfairly punish his alleged advertising over other alcohol-related crimes. 

“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,’” said Sivahansaphan.

Sivahansaphan hopes to appeal the court’s decision and change the law. He believes current regulations are unfair to consumers and small entrepreneurs. Thailand’s laws have the potential to affect both residents and tourists alike. So, influencers and reviewers who commonly post about their travels should take this as a warning. 

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