Under the current Film and Video Act, "games"

Under the current Film and Video Act, "games" are included within the definition of "video", which is defined as "material which contains the recording of visual images or visual images and sounds which can be continuously shown as moving pictures in the form of gameplay...". Under the definition in the current law, "games" which are subject to inspection under the Film and Video Act are limited to those which are recorded in the form of physical copies, such as, Blu-ray disc or cartridge.

Under the Bill, "games" are defined separately from other entertainment media as "continuously moving images, whether with or without sound, which are presented to a person to participate in playing via technology which is used to analyze and process information.". Given this definition, the "games" which are subject to the regulation under the Bill are no longer confined to those in physical form but will include games in any medium. As a result, the Bill will broaden its regulation to contemporary channels of game distribution, such as digital copies, steaming services or mobile games.

Introduction of "rating system" for games

Under Section 47 of the Film and Video Act, the content of videos (including games) which will be distributed in Thailand must pass inspection by the Film and Video Inspection Committee established under the same Act. In this regard, the Film and Video Inspection Committee shall have the authority to order censoring or editing of, or shall impose a ban on, videos or games which are against public order or good morals or may affect the security and dignity of the country.1 However, unlike movies, the Film and Video Act does not have a rating system to classify games for suitable ages.

The Bill, however, will introduce a rating system which applies to both movies and games. Under Section 15 of the Bill, games which will be screened2 or distributed3 in Thailand must receive ratings based on their content and appropriateness to the age of the players. The rating will be considered by either (i) the Rating Committee or (ii) a private evaluator. Details of ratings, including consideration criteria and levels, will be stipulated later by notification of the Minister of Culture, under the recommendation of the Movie and Game Committee.4 Games which have passed the inspection and receive a rating will be granted serial numbers and be required to display rating symbols.5

In addition to the domestic rating system, under Section 26 of the Bill, the Minister of Culture may announce a notification recognizing the rating standard adopted by foreign rating organizations. Under Section 26, games which have been rated by foreign rating organizations, such as ESRB6 (USA and Canada) and CERO7 (Japan) could be deemed to have passed the rating inspection under Section 15 without having to go through inspection in Thailand again, provided that those foreign standards have been recognized by the notification issued under the Bill.

It is noteworthy that the Bill contains no criteria on how to determine whether a game is "being screened or distributed in Thailand" and thus is subject to the rating system under the Bill. Given the lack of these criteria, we can assume that the Bill intends to regulate any game which can be purchased within Thailand, including those distributed through digital stores and online games, the servers of either of which are located abroad without reservation (for example, a game may be deemed to be screened or distributed in Thailand only when it is in Thai language or is intentionally marketed for Thai players). As a result, foreign game distributors whose businesses are entirely offshore could also be subject to the Bill in the same manner as local distributors. This extraterritorial application of the Bill is suggested in the wording of Section 27, which stipulates that the relevant officials under the Bill shall have the authority to demand that providers of games which are screened or distributed through a "telecommunication system" display the rating symbols and serial numbers if such providers have failed to do so.