Website owners arrested

I assure you that the production of all kinds of pornography, and the hosting of pornographic websites, are illegal in Thailand. People who come in and make movies and get out (like thaitwink.com) simply haven't been caught yet. Thai content sites that are hosted outside of Thailand are beyond the jurisdiction of the Thai authorities.

[jvt22222]

............ appeared in the 2 March 2001 issue of the Pattaya Mail!!!!!!!!! Lots has happened re this specific case since that time.

[Lunchtime O'Booze]

I've heard various differing stories now ( I'm sure wx40afp tale is pretty old).

My memory of the Australian ex-diplomat who ran the gay travel agency in Bangkok who was arrested last year for possession of pornorgraphy ( including child porn)... was only deported for distributing a popular Thai gay magazine in his office premises which was also freely availble at any number of Bangkok hotels and venues.

Now I know there is no distinction bewtween any type of porn-hence child/adult porn is all the same-and there was much talk that this arrest was some sort of nasty political pay-back from the man's diplomatic days and they were hoping for much worse then mere deportation, but it confuses me to hell about pornography laws.

Someone explain please !

That’s fairly easy. A swift look into the Penal Code of Thailand and you new more.
Yes, there is a penal code even there are some people around who are trying to ignore this fact of life.
The penal code of Thailand is sometimes surprisingly precise. But do not just trust the codes wording, especially the paragraphs 282 and 283 which are dealing with prostitution, moral and trafficking. There are some amendments to it which are not that easy to detect. And this can lead to some truly surprising results for some people.

Penal Code Amendment Act (No. 14) B.E. 2540 (1997).
Royal Gazette, 1999-09-14, Vol 116, Chapter 81L (Kor)
Laws Relating to Prevention and Combating Commercial Sexual Exploitation and Trafficking in Women and Children, Bureau of Anti-trafficking in Women and Children, Department of Social Development and Welfare, Ministry of Social Development and Human Security, pp. 28-32

Provides that those who commit an offence under the Act outside of the Kingdom of Thailand may be punished for that offence in Thailand. It extends the grounds for this to sexual offences as provided in sections 282-283 of the Act. Sections 282-283 sets out the offences and penalties for those who, for sexual gratification of another person, procures, lures or traffics a man or woman for an indecent sexual act. The penalty is increased if the person being exploited is between 15 and 18 years old (maximum 15 years in prison plus a fine) or under 15 years old (maximum twenty years in prison and a fine). If deceitful means, threats, physical assault, immoral influence or mental coercion is used, the penalty is again increased. It also creates the offence for those who bring or conceal, a person for indecent sexual acts and for those who receive, sell, procure, lure or traffic a person for gaining illegal benefit.
Date of entry into force: 1999-09-15

1996-10-14 THA-1996-L-46403
Thailand
Criminal and penal law
Prevention and Suppression of Prostitution Act, B.E. 2539 [1996].
Royal Thai Government Gazette [translation], 1997-02, Vol. 51, No. 2, pp. 79-89
Laws Relating to Prevention and Combating Commercial Sexual Exploitation and Trafficking in Women and Children, Bureau of Anti-trafficking in Women and Children, Department of Social Development and Welfare, Ministry of Social Development and Human Security, Thailand

Prohibits prostitution, both male and female, in public places and brothels, and sets penalty for offering sexual services at a fine of 1000 Baht. Also prohibits advertisement for and procurement of prostitutes as well as ownership or management of brothels. Penalizes persons who conduct sexual relations with a prostitute under 18 years of age with imprisonment of up to 2 years; if the prostitute is a child less than 15, the term of imprisonment shall be up to 6 years. Procurement of prostitutes under the age of 18, including by owners of brothels, parents and legal guardians, shall be punishable with up to 20 years of imprisonment. If parents or legal guardians are party to procurement of a child prostitute, a court may also withdraw legal custody of the child. Persons who force another person into prostitution through violence or intimidation shall be punishable with up to 20 years of imprisonment; if such actions result in injury or death, punishment shall be life imprisonment or execution. The Act also establishes a Committee for Protection and Development of Occupation (P.D.O.) which shall prescribe and implement policies for the eradication of prostitution. Also provides for the establishment of rehabilitation institutions known as the Place for First Receiving, and the Place for Protection and Development of Occupation. The Place for First Receiving shall receive persons convicted for prostitution and assess their mental and physical health, as well as their aptitudes. Convicted prostitutes may then be sentenced to the Place for Protection and Development, which shall provide occupational training and rehabilitation. Repeals the Prostitution Suppression Act, B.E. 2503.
Date of entry into force: 1996-12-14

There are a lot more to read. And all of this can be dealt with some flexibility. If you get bored, just read the Royal Gazette, which is truly wonderful stuff.... But read it with Thai eyes - forget all your foreign background.

There are also international agreements to meet with nearly all neighbouring countries including Cambodia, China, Indonesia, Laos, Malaysia, and Vietnam in order to combat any violation of law especially regarding drugs, prostitution, human trafficking and others indecency in order to keep the standards of moral up. There is also a steady and increasing exchange of information.

This used to be very good business for some police officers or civil servants. But even if Thailand is topping many records regarding corruption, this common pest is also a crime.

The now called in Special Squad are just right there to teach the locals a lesson and restore the order as required. This highly specialised task force is not just busy in Pattaya but all over Thailand. Violating the law can not be acceptable. No system will tolerate this for long, neither in Australia, the US, Europe or Thailand.

Billy,

I know you're not the sharpest knife in the drawer, but what is there not to get?

Thai Twink is operated -- legally -- out of California. That is where their website is based, where their post production and replication takes places, and from where their product is sent out. They are totally beyond the jurisdiction of the Thai authorities there.

Their videos are produced ILLEGALLY in Thailand, on the sly. They come in, make some videos in a hotel room, and go back to California with them. If they were caught in the act, they'd be in trouble. There is no "loophole".

Do I need to draw you a picture?

Billy,

I know you're not the sharpest knife in the drawer, but what is there not to get?

Thai Twink is operated -- legally -- out of California. That is where their website is based, where their post production and replication takes places, and from where their product is sent out. They are totally beyond the jurisdiction of the Thai authorities there.

Their videos are produced ILLEGALLY in Thailand, on the sly. They come in, make some videos in a hotel room, and go back to California with them. If they were caught in the act, they'd be in trouble. There is no "loophole".

Do I need to draw you a picture?

Billy,

I know you're not the sharpest knife in the drawer, but what is there not to get?

Thai Twink is operated -- legally -- out of California. That is where their website is based, where their post production and replication takes places, and from where their product is sent out. They are totally beyond the jurisdiction of the Thai authorities there.

Their videos are produced ILLEGALLY in Thailand, on the sly. They come in, make some videos in a hotel room, and go back to California with them. If they were caught in the act, they'd be in trouble. There is no "loophole".

Do I need to draw you a picture?

I agree completely.

And for sure, any import, promotion or even possession of this kind of product - complete or extracts - is illegal in Thailand and many other Asian countries. If police will find some with you, it will definitely not improve your position by any means.

Possessing concludes, that this material is either been imported illegally or bough illegally.

[Hmmm]

And for sure, any ... possession of this kind of product - complete or extracts - is illegal in Thailand

Incorrect ....

http://www.sawatdee-gay-thailand.com/fo ... 10074.html (http://www.sawatdee-gay-thailand.com/forum/about10074.html)

I think he's talking about self-produced pornography, which WOULD be highly illegal and get you into a lot of trouble.

[Lunchtime O'Booze]

for just distributing a gay Thai contact and bar advert magazine ?? anyone know the details ?? At the time I realised this publication was available everywhere and I even took one home on a plane.no problem and it was very tame.

you know all bout this story wx40afp-troll from hell-as you said once in a post he lived in your street in Sydney and you threw stones at him.

Because he was targeted by his own country's police -- for one reason or another -- and the Thai police were instructed to get him for something, anything. That's the best that they could come up with.

Note that distribution of pornography (as opposed to possession) IS illegal, and there is no firm definition of what does and does not constitute pornography. Basically, anything the individual judge deems to be against Thai morals and of a sexual nature is enough to get you into trouble.

[Lunchtime O'Booze]

it's this "flexible" law business in Thailand !

another reason to stay on the straight and narrow.

it's this "flexible" law business in Thailand !

another reason to stay on the straight and narrow.

You got it. It's actually flexible in most places. Where do you draw the line between an artistic photo of a nude boy, and kiddie porn? A jury in New York City would undoubtedly draw the line in a different place than one in Macon, Georgia. Thailand does not have a jury system, so it is up to the panel of three judges to make the call in each individual case.

And for sure, any ... possession of this kind of product - complete or extracts - is illegal in Thailand

Incorrect ....

http://www.sawatdee-gay-thailand.com/fo ... 10074.html (http://www.sawatdee-gay-thailand.com/forum/about10074.html)

There are usually some amendments to the law. You might be surprised about the vaults cases might turn into. And as you stated correctly, it’s finally up to the judgement. Especially the younger judges are a lot better trained and often not that relaxed and easy to deal with.

I am pretty certain that anybody can easily miss any sort of trouble. At least it will be a very costly experience and unpleasant for sure. Don't gamble away your luck ..

The Utopians mentioned in your link where perfectly well set up and busy networking in many ways. Even there back-up company (just in case …) where hardly anybody know about went silent. It didn’t help. Another officially registered Thai publisher got very quite lately too. Nothing happened without a reason behind.

And for sure, any ... possession of this kind of product - complete or extracts - is illegal in Thailand

Incorrect ....

http://www.sawatdee-gay-thailand.com/fo ... 10074.html (http://www.sawatdee-gay-thailand.com/forum/about10074.html)

There are usually some amendments to the law. You might be surprised about the vaults cases might turn into. And as you stated correctly, it’s finally up to the judgement. Especially the younger judges are a lot better trained and often not that relaxed and easy to deal with.

I am pretty certain that anybody can easily miss any sort of trouble. At least it will be a very costly experience and unpleasant for sure. Don't gamble away your luck ..

The Utopians mentioned in your link where perfectly well set up and busy networking in many ways. Even there back-up company (just in case …) where hardly anybody know about went silent. It didn’t help. Another officially registered Thai publisher got very quite lately too. Nothing happened without a reason behind.


Recent News from Phuket:

Tuesday, December 12, 2006
Fraud on the rise in Phuket

PHUKET: While gambling remains Phuket’s top vice, white-collar crime seems to be on the rise with 14 cases of fraud reported with five arrests made, and 10 cases of embezzlement with two arrests made.

From November 1 to 30, 188 people were arrested for gambling offenses with 39 of those coming from the sale of illegal lottery tickets.

Three murders were reported, with two arrests made; three reports of rape, with one arrest; 10 cases of attempted murder, with five arrests; and 23 cases of assault with 18 people arrested.

There were four reports of snatch thefts with four suspects apprehended.

Thirteen motorcycles were reported stolen, with nine suspects arrested, but not one car was reported missing in November.

There were 114 drug-related cases in which 131 people were arrested. Forty-nine of those cases involved ya bah (methamphetamine), with 65 suspects arrested and 9,904.5 pills seized.

Twenty people were arrested for glue sniffing and other forms of substance abuse, 39 for possession of marijuana and two for possession of Ecstasy. Five people were arrested for possession of krathom, with 530 leaves seized – 35 times the volume seized last month.

Police also arrested 69 people for offenses related to prostitution and five for the possession and distribution of pornographic materials.

Twenty-three people were arrested for possession of unlicensed firearms.

And for sure, any ... possession of this kind of product - complete or extracts - is illegal in Thailand

Incorrect ....

http://www.sawatdee-gay-thailand.com/fo ... 10074.html (http://www.sawatdee-gay-thailand.com/forum/about10074.html)

There are usually some amendments to the law. You might be surprised about the vaults cases might turn into. And as you stated correctly, it’s finally up to the judgement. Especially the younger judges are a lot better trained and often not that relaxed and easy to deal with.

I am pretty certain that anybody can easily miss any sort of trouble. At least it will be a very costly experience and unpleasant for sure. Don't gamble away your luck ..

The Utopians mentioned in your link where perfectly well set up and busy networking in many ways. Even there back-up company (just in case …) where hardly anybody know about went silent. It didn’t help. Another officially registered Thai publisher got very quite lately too. Nothing happened without a reason behind.


Recent News from Phuket:

Tuesday, December 12, 2006
Fraud on the rise in Phuket

PHUKET: While gambling remains Phuket’s top vice, white-collar crime seems to be on the rise with 14 cases of fraud reported with five arrests made, and 10 cases of embezzlement with two arrests made.

From November 1 to 30, 188 people were arrested for gambling offenses with 39 of those coming from the sale of illegal lottery tickets.

Three murders were reported, with two arrests made; three reports of rape, with one arrest; 10 cases of attempted murder, with five arrests; and 23 cases of assault with 18 people arrested.

There were four reports of snatch thefts with four suspects apprehended.

Thirteen motorcycles were reported stolen, with nine suspects arrested, but not one car was reported missing in November.

There were 114 drug-related cases in which 131 people were arrested. Forty-nine of those cases involved ya bah (methamphetamine), with 65 suspects arrested and 9,904.5 pills seized.

Twenty people were arrested for glue sniffing and other forms of substance abuse, 39 for possession of marijuana and two for possession of Ecstasy. Five people were arrested for possession of krathom, with 530 leaves seized – 35 times the volume seized last month.

Police also arrested 69 people for offenses related to prostitution and five for the possession and distribution of pornographic materials.

Twenty-three people were arrested for possession of unlicensed firearms.

[Hmmm]

"Police also arrested 69 people for offenses related to prostitution and five for the possession and distribution of pornographic materials. "


Distribution = trade

"Police also arrested 69 people for offenses related to prostitution and five for the possession and distribution of pornographic materials. "


Distribution = trade

Please read it once more:

"Police also arrested 69 people for offenses related to prostitution and five for the POSSESSION and distribution OF pornographic materials."

Distribution, trading etc. is illegal or sure. Including import/export, even for private use. This is why some many web sites are blocked i.e. in Thailand.

Possession of porn in Thailand concludes: It's either made illegally, or copied illegally, or bought illegally or imported illegally - otherwise it wouln'd be there. Usually its just 1 000 TBT for possession some for private use. I learned just while polive raided a hotel room next to mine in Surat Thani. They found a Japanese business men with a girl just above legal age but the 1 000 TBT where just for possession of 2 porn flics found in his room.

It exists in Thailand a very robust ponographic industry, there is no doubt about that. Most "studios" are based in Nonthaburi (making, manufacturing) but there are some busy copying in a large complex near Jomtien with "Porno boy" inbehind, a well known figure in and around Boyz's Town and Patong. He is not just famous for his extensive drinking sessions.

[Hmmm]

Section 287 of Thai Penal Code:

тАЬWhoever (1) FOR THE PURPOSE OF TRADE or by trade, for public distribution or exhibition, makes, produces, POSSESSES, brings or causes to be brought into the kingdom, sends or causes to be sent out of the kingdom, brings or causes to bring, or spreads by any means whatever, any document, drawing, print, painting, printed matter, picture, poster, symbol, photograph, cinematograph film, audio or video tape or any other thing which is obscene ... shall be punished with imprisonment not exceeding three years or fine not exceeding six thousand baht, or both.тАЭ

http://www.thailawforum.com/articles/in ... ailaw.html (http://www.thailawforum.com/articles/indecency-challenge-thailaw.html)

Yes...possesses for the purpose of trade. Not simply "possesses" for private use. Obviously, there is some room for interpretation as to what constitutes "for the purpose of trade".

[Lunchtime O'Booze]

was going to be about that Baht-Stop website which seems to be going into melt down about some members having a set-to with each other.

What on earth wx40afp, is a "strata" and how do you clean it ?

Section 287 of Thai Penal Code:

“Whoever (1) FOR THE PURPOSE OF TRADE or by trade, for public distribution or exhibition, makes, produces, POSSESSES, brings or causes to be brought into the kingdom, sends or causes to be sent out of the kingdom, brings or causes to bring, or spreads by any means whatever, any document, drawing, print, painting, printed matter, picture, poster, symbol, photograph, cinematograph film, audio or video tape or any other thing which is obscene ... shall be punished with imprisonment not exceeding three years or fine not exceeding six thousand baht, or both.”

http://www.thailawforum.com/articles/in ... ailaw.html (http://www.thailawforum.com/articles/indecency-challenge-thailaw.html)

Yesterday I’ve been in contact again with a long time friend of mine who is a top brass police officer in Bangkok. We can talk about anything quite frankly and I surely wanted to know regarding any restrictions on private possessing of pornographic material. He confirmed what I’ve wrote before – and mentioned also penal code 287 too; possession is illegal due to the fact that one is not allowed to buy in Thailand or bring any obscene material legally into Thailand. If they find some, it’s usually pirated which is also illegal. It's a clasic catch-22.

He mentioned that officers are ordered a fine 1000 TBT and should confiscate this kind of material. It’s a well proven business practice due to the fact that there are usually no complains about this procedure.

He actually knew more gay places frequently showing porn movies than I did. It wouldn’t bother him too much if everything else in OK with the venue. He would not accept any obscene movies where Thai or Asian actors are involved.

Soon after he started a phone call, inquiring what happened to the confiscated material. I guess both of us where mind reading: It might be used by some of his officers for private purposes or went straight back into trade. Both would surprise neither me nor him. This is Thailand.

Section 287 of Thai Penal Code:

тАЬWhoever (1) FOR THE PURPOSE OF TRADE or by trade, for public distribution or exhibition, makes, produces, POSSESSES, brings or causes to be brought into the kingdom, sends or causes to be sent out of the kingdom, brings or causes to bring, or spreads by any means whatever, any document, drawing, print, painting, printed matter, picture, poster, symbol, photograph, cinematograph film, audio or video tape or any other thing which is obscene ... shall be punished with imprisonment not exceeding three years or fine not exceeding six thousand baht, or both.тАЭ

http://www.thailawforum.com/articles/in ... ailaw.html (http://www.thailawforum.com/articles/indecency-challenge-thailaw.html)

Yesterday IтАЩve been in contact again with a long time friend of mine who is a top brass police officer in Bangkok. We can talk about anything quite frankly and I surely wanted to know regarding any restrictions on private possessing of pornographic material. He confirmed what IтАЩve wrote before тАУ and mentioned also penal code 287 too; possession is illegal due to the fact that one is not allowed to buy in Thailand or bring any obscene material legally into Thailand. If they find some, itтАЩs usually pirated which is also illegal. It's a clasic catch-22.

He mentioned that officers are ordered a fine 1000 TBT and should confiscate this kind of material. ItтАЩs a well proven business practice due to the fact that there are usually no complains about this procedure.

He actually knew more gay places frequently showing porn movies than I did. It wouldnтАЩt bother him too much if everything else in OK with the venue. He would not accept any obscene movies where Thai or Asian actors are involved.

Soon after he started a phone call, inquiring what happened to the confiscated material. I guess both of us where mind reading: It might be used by some of his officers for private purposes or went straight back into trade. Both would surprise neither me nor him. This is Thailand.

I don't care how "top brass" your cop friend is, but the issue of piracy will never enter into the equation. The police cannot act against copyright piracy without a complaint from the copyright owner. How likely is that in the case of porno vids?

[Lunchtime O'Booze]

for that extremely lengthy reply. No I am most certainly not Australian. I am from Surrey and so is Mrs O'Booze. And now I know why we sent you all over there.