Section 287 — Obscene materials offence
English translation
Whoever
(1) makes, produces, possesses, imports, or in any manner causes to be disseminated any document, drawing, print, painting, printed matter, picture, advertising image, mark, photograph, motion picture, sound recording, image recording, or any other obscene thing;
(2) carries on trade in, or takes part or is involved in trade concerning, such obscene object or thing, or distributes it, or publicly displays it, or gives it on hire;
(3) in order to assist in the dissemination or trade of such obscene object or thing, advertises or makes known by any means that there is a person committing an act constituting an offence under this Section, or advertises or makes known that such obscene object or thing may be obtained from any person or by any means,
shall be liable to imprisonment not exceeding three years or a fine not exceeding sixty thousand baht, or both.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 287 is the general obscene-materials offence within the Title on Offences Relating to Sexuality. It is structured in three limbs: item (1) covers making, producing, possessing, importing, or disseminating obscene things in almost any medium; item (2) covers trading, distributing, publicly displaying, or hiring them out; and item (3) covers advertising where obscene material can be found in order to assist its trade or spread. All three limbs carry the same penalty of up to three years or a fine up to sixty thousand baht, or both. It is the parent offence to the child-specific provisions of Sections 287/1 and 287/2, which carry far heavier penalties, and it is frequently charged together with the Film and Video Act, the Copyright Act, and the Computer Crimes Act.
Why this matters in practice
The offence is broad, reaching mere possession as well as trade and advertising, but the penalty is moderate at up to three years, and the central issue is usually whether the material is legally obscene. In practice a defendant may face separate counts where the same conduct also breaks the Film and Video Act or Copyright Act, because the courts treat those as offences with different elements. Anyone accused should be careful to distinguish this general offence from the child-material offences in Sections 287/1 and 287/2, which are far more serious; see the firm's overview of criminal law in Thailand.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 17849/2555 (2012)
Possessing or dealing in obscene material under Section 287(1) is a separate offence from operating an unlicensed film business, since the two have different elements and intents and constitute separate counts.
The defendant pleaded guilty and was convicted under Section 287(1) for obscene DVDs; the Supreme Court held this offence was distinct in elements and intent from the unlicensed-film-business offence, so the acts were separate counts and not a single act under Section 90.
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Supreme Court Judgment No. 5342/2559 (2016)
Obscene motion pictures and recordings fall within Section 287, and such obscene items may be ordered confiscated.
Among charges under the Film and Video Act and the Copyright Act, the defendant faced a Section 287 charge for obscene films; the court ordered confiscation of the obscene VCDs and DVDs.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
What is the penalty under Section 287?
Imprisonment not exceeding three years or a fine not exceeding sixty thousand baht, or both, for making, possessing, trading, displaying, hiring out, or advertising obscene materials.
Does Section 287 cover mere possession of obscene material?
Yes. Item (1) includes possessing obscene material, in addition to making, producing, importing, or disseminating it.