Abstract:
This study aims to study the concepts, theories, and legal principles related to criminal liability for child pornography, analyze the associated legal issues in Thailand, and compare these with the framework in Singapore. The study concludes by proposing suitable legal guidelines for the possession of child pornography in Thailand. The results indicate that the term "obscenity" in the Thai Criminal Code lacks a clear definition. Additionally, the definition of child pornography in Thailand is overly broad and lacks specific exceptions, unlike the approach in the Republic of Singapore. In Thailand, individuals depicted in child pornography are defined as those under 18 years of age, but questions arise when considering minors who have reached the age of majority through marriage whether they are still considered children remains ambiguous. In contrast, Singapore's legal framework for child pornography sets the age limit at 16 years, with specific provisions including the possession of such material. The regulation of internet access to child pornography in Thailand is also unclear. When comparing the Thai laws and penalties for child pornography on the internet and in print media with those in Singapore, the penalties under the Thai Criminal Code are found to be relatively inadequate for deterrence. It is highly recommended that the Thai Criminal Code be revised to provide a clearer definition of the term obscenity. Additionally, the definition of child pornography needs to be more precise and should include comprehensive guidelines regarding exceptions and the age of individuals depicted in such material. The legal elements pertaining to the possession of child pornography, both online and in print media, should be clearly defined, along with appropriate penalties for offenders involved in child pornography.