Updates to safe harbor provisions for service providers under the recent draft amendments to the Thai Copyright Act
Following our recent alert [link] on the liability limitations of service providers for copyright infringement under the draft amendments to the Copyright Act ("Draft Amendment"), there have been some updates to the provisions to be considered by the Ad-hoc Committee on the Draft Copyright Act (No....) B.E.... ("Committee") in an upcoming meeting scheduled for July 2021.

Although the key proposed amendments remain the same, the sections of the four classifications of service providers (namely, intermediary, caching, hosting, and information location tools) have been re-organized. In addition, under a new provision on "notice and take down" for copyright infringement occurring on a system or computer network, it will be limited to two classifications of service providers, namely, hosting and information location tools. Moreover, to issue a copyright infringement notice to the service providers, among other requirements, the copyright owner shall take into account the provisions on exceptions to copyright infringement.

Since the Draft Amendment is still under the Committee's consideration and there will be a hearing with the relevant organizations from both the public and private sectors, the Draft Amendment is still subject to change. In addition, due to the current situation of the COVID-19 pandemic, the timeline on when the Draft Amendment will become effective may be impacted. However, we will continue to monitor its developments closely and will provide updates as appropriate.