(CTN News) – Critics have warned that the Move Forward Party‘s (MFP) proposal to legalise the adult entertainment business and its products, including pornographic materials and sex toys, could have unintended repercussions unless safeguards are put in place to prevent youngsters from accessing pornography.
Taopiphop Limjittrakorn, an MFP MP from Bangkok, introduced the bill to parliament earlier this month. The modifications will be addressed in the Lower House next month.
All sexual products, including pornographic photos and sex toys, are now prohibited under Section 287 of the Criminal Code.
Mr Taopiphop stated that if the amendment is passed, only certain types of pornographic content will be prohibited, such as clips and/or photographs portraying sexual violence, rape, and paedophilia.
The law will also prohibit those under the age of 20 from producing adult content.
Mr Taopiphop stated that the legislation will also attempt to ease the restrictions governing the selling of sex devices.
Adult items certified by the Thai Industrial Standards Institute (TISI) and the Food and Drug Administration (FDA) should be lawfully available for purchase, he stated.
Regulatory and Enforcement Issues with Move Forward Party’s Plan
The Move Forward Party‘s MP for Bangkok stated that he is prepared to face criticism for the party’s efforts to pass the measure, but that he is doing so in the best interests of the people.
“People should stop pretending that explicit stuff is prohibited. It is time to bring [the adult content sector] to the forefront, where it can be publicly addressed and legally regulated. That’s why I offered the bill to parliament,” he explained.
Mr Taopiphop stated that he will not directly benefit from this measure, but he brought it up for consideration because he believed it was one way to move society forward.
Legalising the industry might benefit the economy through taxation while also ensuring the safety of those who operate in it, he said.
Many sex workers, for example, claim they are exploited by customers who know they are afraid to report abuse to the authorities.
In response to concerns that legalising sexual content might lead to additional social problems, Mr Taopiphop stated that pornography is now freely accessible to everyone with an internet connection.
“I don’t see anything wrong with folks watching pornography for personal sexual enjoyment. It helps people relieve sexual tension.
“What could create problems is porn featuring rape and violent scenes and [that type of content] must be banned,” according to him.
“If the adult entertainment industry is better regulated, it may become another soft power of the country,” according to him.
The Move Forward Party‘s proposal to change Section 287 of the Criminal Code had already been subject to a public hearing from August 25 to October 31, last year.
While 1,072 persons attended the meeting, just 22 stated their opinions, indicating that the idea lacks broad support.
A number of consultations have also been held with state authorities, including the Ministry of Justice (MoJ), Ministry of Public Health (MoPH), Ministry of Education, Royal Thai Police (RTP), and the Office of the National Human Rights Commission.
The RTP, for example, was concerned about the possible negative impact of easy access to pornographic materials, believing that it could lead to an increase in sex-related offences.
Overall, the RTP believes that if this bill is passed, it will cause more harm than good in society.
The MoPH stated that the bill in parliament must include a mechanism to prevent people under the age of 20 from becoming involved in the adult industry, whereas the MoJ stated that the bill fails to distinguish between legal and illegal production, making abuses by corrupt officials more likely.
Senator Angkhana Neelapaijit told the Bangkok Post that she supported the plan to legalise the sector and relax the restrictions governing the selling of sex toys.
However, she stressed that safeguards must be put in place to prevent youngsters under the age of 18 from obtaining sex toys and abusing them to sexually abuse others.
“It is not unethical to use sex toys for personal sexual enjoyment. It is prohibited to use them against others.
“We have to take into account those in vulnerable groups, such as children and the disabled who cannot protect themselves,” she told the crowd.
“How can we safeguard disabled persons if they are sexually harassed using sex toys? “The consequences [of relaxing the rules] must be carefully considered,” she stated.
Srida Tantaatipanit, managing director of the Internet Foundation for the Development of Thailand, objected with the MFP’s plan, claiming it will have a bad impact on children.
Even if the amendment is passed, she cautioned that a lack of severe law enforcement could undermine the new law’s purpose.
She also stated that many youngsters can access explicit content on the internet, particularly on the OnlyFans site, where sexual exploitation of minors is prevalent.
She went on to say that many parents struggle to deal with their children’s sexual development questions because they don’t have access to competent advice.
“The proposal will not address the issue at its core. “We should not support any law that jeopardises the safety of children,” she continued.
Related Legal Reforms Suggested by Move Forward Party
Pol Lt Gen Jirabhop Bhuridej, commissioner of Thailand’s Central Investigation Bureau, told the Bangkok Post that he was concerned about the potential consequences of legalising the sexual content market, as advocated by the Move Forward Party.
He stated that there is a lot of pornography available online, and it is easy for youngsters to be exposed to it before they are ready.
“Some pornographic content providers use private organisations to livestream their work. It is difficult to limit children’s access and exposure to such content.
“This will become a serious worry if the sector is legalised without steps to govern it,” he stated.”
He also stated that certain children from low-income homes and those without a decent education may be enticed or forced into producing adult content.
“Measures must be devised to prevent children from becoming victims of exploitation,” Pol Lt Gen Jirabhop stated.
“If the amendment is passed, regulations must also be issued to ensure that the production of adult content meets health standards while the actors may require regular physical and mental health check-ups,” according to him.
He also voiced concern about the use of artificial intelligence to generate deepfake pornographic movies and photographs of individuals without their permission.
“If the industry is legalised, it is necessary for all involved to prevent such deepfakes,” he claimed.
However, he emphasised that criminology studies have revealed that the adult content sector has little direct impact on sex crime statistics.
“The rate of sex crimes depends on the enforcement of laws by the authorities and the tools created to monitor those who tend to commit crimes and efforts to educate people about sex crimes so they can be adequately equipped to protect themselves,” according to him.
In addition to changing Section 287 of the Criminal Code, observers believe that other related laws must be updated to better govern the sector.
They are the Computer Crime Act, the Anti-Human Trafficking Act, the Film and Video Act, and the Printing Recordation Act.
Rachada Dhnadirek, an executive of the opposition Democrat Party, has already stated that the party will back Move Forward Party‘s plan to legalise sex toys.
She cited research from Technavio, a British market research firm, to argue that legalising sex toys could benefit the country economically.
Since 2019, the global sex toy market has grown at a 7% annual rate, resulting in an increase of almost 300 billion baht every year, according to her.
She stated that the government had the authority to levy taxes on vendors, which would increase state revenue.
Source: Bangkok Post
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