Posting pictures of alcoholic beverages on social media constitutes an offense under the Alcohol Control Act B.E. 2551, the warning pointed out.
The initial warning, by Dr Niphon Chinanonvech, Director of the Office of the Alcoholic Beverage Control Committee, under the Ministry of Public Health Department of Disease Control, was branded as a “clarification of the case of a famous person sharing information that is trending in the online world”.
The “famous person” inferred, but not named, by the warning is Deputy House Speaker Padipat Suntiphada, the elected MP for Phitsanulok and a member of the Move Forward Party.
Mr Padipat Suntiphada had posted on his Facebook account a picture of himself with a can of beer. He said in the post that it was an interesting product, the first craft beer brewed in Phitsanulok. In a video posted online, he is seen drinking the beer.
Within 48 hours of the post, on Aug 13, activist Srisuwan Janya filed a formal complaint over the post and said he had already asked House Speaker Wan Muhamad Noor Matha to launch an ethics investigation into Deputy House Speaker Padipat.
Mr Srisuwan alleged that in posting the photograph Mr Padipat had violated Section 32 of the Alcoholic Beverage Control Act, which prohibits the advertising of alcoholic beverages.
In the warning shared by the Phuket Info Center, which also bore the official logo of the Public Relations Department, Dr Niphon pointed out that any form of promotion of alcohol, especially presenting any images of alcohol products and packaging, were illegal under the Alcohol Control Act B.E. 2551.
“Section 32, paragraph one, clearly states that such actions are offenses for advertising alcoholic beverages. have the effect of persuading or persuading, whether directly or indirectly,” the warning said.
Under the Act, the following definitions are understood:
“Advertising” means any act which enables the public to see, hear or know of any information for commercial purpose, including marketing communication;
“Marketing communication” means any activity organised for the selling of goods, providing services, creating images, public relations, distribution of information, sales promotion, product exhibition, organising or providing support to organise any special events and direct marketing;
“Message” includes any act which displays letters, illustrations, films, lights, sounds or symbols or any act which enables an individual to understand the meaning thereof;
“Label” means a picture, artificial mark, paper or any other thing which displays information of goods as affixed to the goods or their container or parcel or inserted in or combined with the goods or their container or parcel, including any document or manual for use with the goods and any tag posted or presented on the goods or their container or parcel.
Section 32 of the Act states in full:
No person shall advertise or display, directly or indirectly, the name or trademark of any alcoholic beverage in a manner showing the properties thereof or inducing another person to drink.
Advertisements or public relations provided by the manufacturer of any kind of alcoholic beverage shall only be made for giving information thereof or giving social creative knowledge without displaying any illustration of such alcoholic beverage or its package, except for the display of a symbol of such alcoholic beverage or that of its manufacturer as prescribed by the Ministerial Regulation.
The provisions of paragraph one and paragraph two shall not apply to any advertisement broadcast from outside of the Kingdom.
Section 43 of the Act details the penalties for breaching Section 32, as follows: “Whoever violates section 32 shall be liable to imprisonment for a term not exceeding one year or to a fine not exceeding five hundred thousand Baht or both. In addition to the liability under paragraph one, the violator shall be liable to a daily fine not exceeding fifty thousand Baht a day through the period of violation or until acting correctly.”