Section 287/2: Trading in and distributing child pornography

Firm annotation

Section 287/2 is the trade and distribution offence for child pornography, which Section 1(17) defines as an object or thing showing or making known the sexual act of a child, or with a child, not over eighteen years of age, capable of conveying obscenity in any form. Three limbs are set out. Paragraph (1) covers making, producing, possessing, importing or causing to be imported into the Kingdom, exporting or causing to be exported, conveying or causing to be conveyed, or in any manner disseminating child pornography, but only where done for the purpose of trade, by trade, for distribution or for public exhibition; that purpose is what turns mere possession into an offence under this paragraph. Paragraph (2) covers carrying on a trade in child pornography, or taking part or being concerned in such a trade, and distributing it, publicly exhibiting it, or letting it out on hire. Paragraph (3) covers advertising: making known by any means that a person is committing an offence under this section, or from whom or by what means child pornography may be obtained, in order to assist the dissemination or the trade. The penalty for all three limbs is three to ten years and a fine from 60,000 to 200,000 baht, the fine being mandatory. Two comparisons show how heavy that is. Section 287/1 deals with the non-commercial case, possession in order to obtain a sexual benefit at up to five years and forwarding at up to seven years. Section 287 is the general obscene-material offence, drafted in the same three limbs but for adult material, and carries only up to three years, or a fine of up to 60,000 baht, or both.