Between the SIM and the Scam: Navigating Legal Risk in Thailand's TMT Sector

As the world accelerates toward a digital economy, this progress is accompanied by a surge in online fraud. Thailand is no exception. Beyond billions of Baht in annual losses suffered by individuals and businesses, this reveals structural gaps in the governance of Thailand's TMT ecosystem.

How Fraud Exploits the TMT Stack

Modern digital fraud exploits legitimate TMT infrastructure at each layer. In the telecommunications layer, fraudsters obtain mobile numbers through fraudulent SIM registration or identity falsification, exploiting weaknesses in subscriber verification. These numbers are used to contact victims and to satisfy mobile-number-based verification on digital platforms. In the financial technology layer, digital payment systems, proxy accounts, and nominee wallets act as channels for laundering fraud proceeds, making forensic tracing difficult.

Regulation in an Era of Evolving Fraud

Thailand's TMT regulatory framework is divided across several authorities. The National Broadcasting and Telecommunications Commission (NBTC) governs telecommunications operators. The Electronic Transactions Development Agency (ETDA) oversees electronic transactions, while the Bank of Thailand (BOT) supervises payment systems. Cybercrime falls under the Ministry of Digital Economy and Society (MDES), which coordinates with other competent agencies.

As the principal legislation directed at combating online fraud, the Emergency Decree on Measures for the Prevention and Suppression of Technological Crimes B.E. 2566 (2023) (the "Cybercrime Decree") was enacted to protect individuals who sustain property loss through telephone or electronic fraud. It requires relevant service providers, including financial institutions and TMT operators, to disclose information where there are reasonable grounds to suspect cybercrime.

The 2025 amendment goes further. Competent agencies must establish preventive measures, while telecommunications providers bear additional obligations to filter SMS content. The NBTC is empowered to suspend services of operators implicated in criminal activity, and false registration of mobile numbers, where the registrant knew, or had reasonable grounds to know, that the numbers were intended for criminal use, is now a criminal offence. The amendment extends the payment system regime to digital assets and brings the Securities and Exchange Commission (SEC) within its scope.

Following the amendment, the NBTC issued two implementing notifications. These measures appear insufficient, however, as fraudsters' methods continue to evolve. The NBTC has signalled that additional measures will be considered, including identity verification of mobile users in high-risk border areas.

The Rising Risk of Provider Liability

Thailand is beginning to see consumer claims directed not only against perpetrators, but also against service providers. Consumers increasingly expect regulators and providers to adopt proactive approaches beyond existing legal requirements. For businesses in the Thai TMT ecosystem, exposure arises along two axes: liability under existing law, and prospective liability under forthcoming regulation expected to impose heightened obligations for monitoring, reporting, and co-responsibility for non-compliance.

Staying Ahead of the Regulatory Curve

Navigating this environment demands technical understanding, policy literacy, and litigation experience. As consumers grow more assertive, experience in consumer disputes and class actions will be essential, as will administrativelaw capability as regulatory requirements intensify. Specialist TMT advisers can help organisations assess regulatory exposure, build compliance frameworks, defend intermediary liability claims, and participate in public consultations ahead of forthcoming rule making.

The scam epidemic signals an urgent need to modernise Thailand's TMT legal framework. Organisations that recognise this early and act decisively will hold an advantage, both legally and commercially, in the transformation ahead.