From HR Issue to Board Liability: What the New Sexual Harassment Law Means for Employers

Are you sure your current workplace policies meet the new legal standards? Since December 30, 2025, the amendment to Thailand’s Penal Code (No.30) B.E. 2568 (2025) has rendered sexual harassment a standalone offense, increased criminal penalties, and imposed new compliance obligations for online platform operators.

I. Previous Legal Framework

Prior to the amendment, sexual harassment conduct was prosecuted under various general provisions of the Penal Code:

• Section 388: Supreme Court Decision No.1069/2506 broadened the scope of “disgraceful act in public” to include verbal sexual harassment. However, Section 388 is a petty offense concerning public obscenity, punishable only by a fine of up to 5,000 THB. 

  
  

• Section 278: In Supreme Court Decision No. 12983/2558, installing a camera beneath a desk to capture images of a victim’s lower body without consent was held to constitute the ‘use of force’ against the mind under Section 1(6), satisfying the element of indecency under Section 278 Paragraph 1. (Other paragraphs have now been revoked by the amended Penal Code).

  
  

• Section 397: Section 397 Paragraph 1 broadly covers multiple minor offences such as bullying, intimidation, harassment or causing public annoyance or shame, which is punishable by a fine of up to 5,000 THB (now increased by the amended Penal Code to 10,000 THB). In the same Supreme Court decision, the Court interpreted a hospital examination room as a public place despite restricted access, thereby satisfying the “public” element under Section 397 Paragraph 2, which is punishable by imprisonment of up to one month, a fine of up to 10,000 THB, or both. Paragraph 3 also stipulated liability where offenders, such as employers, used authority over the victims, with imprisonment of up to one month and a fine of up to 10,000 THB. (The amended Penal Code has now revoked the “sexual harassment” element of Paragraph 2 and the entire Paragraph 3.) 

  
  

• Section 281 (Revoked by amended Penal Code): Section 281 renders sex-related offenses such as Section 276 and Section 278 compoundable if not committed in public nor causes serious injury or death, particularly if committed between spouses wishing to cohabit. 

II. New Definition of Sexual Harassment and Expanded Definition of Sexual Assault

Section 1(19) of the amended Penal Code now explicitly defines ‘sexual harassment’ and recognizes technology-facilitated gender-based violence. Sexual harassment includes any act with sexual connotation that is likely to cause distress, annoyance, embarrassment, humiliation, fear, or a sense of sexual insecurity. The conduct may be carried out through physical acts, words or sounds, gestures, surveillance or stalking, or electronic or digital means. Furthermore, the term “sexual assault” under Section 1(18) has been significantly expanded to cover more scenarios.

III. New Criminal Offenses and Penalties

The amended Penal Code has introduced new sex-related criminal offences and increased penalties through Section 284/1 and  Section 284/2.

• Section 284/1

  •  Sexual harassment that does not constitute indecency is punishable by imprisonment of up to 1 year, a fine of up to 20,000 THB, or both.

  •  Perpetual or repeated sexual harassment that hinders ordinary life is punishable for imprisonment of up to 2 years, a fine of up to 40,000 THB, or both. 

  • If committed in public places, in front of the public, or via a computer system that is accessible to the public, the imprisonment is up to 3 years, the fine up to 60,000 THB, or both.

  • Regardless of consent, an act of sexual harassment committed against children under the age of 15, is punishable by imprisonment of up to 5 years, a fine of up to 100,000 THB, or both.

  • This offense is compoundable where it is not committed against underage children. 

• Section 284/2

  • If basic sexual harassment under Section 284/1 is committed through the use of authority over victims, such as by supervisors and employers, the offender is liable to imprisonment of up to 3 years, a fine of up to 60,000 THB, or both.

IV. Applicable Prohibitory Orders and Ongoing Compliance Standards

• Section 284/3: Regardless of whether any penalties were imposed, the Court may issue a preventive order to prevent the offender from carrying out certain acts for up to two years if the Court reasonably believes, or where it is suggested by relevant parties, that the offender will continuously harass or hinder the victim’s ordinary life. Violating this order is punishable by imprisonment of up to 6 months, a fine of up to 10,000 THB, or both. 

V. Content Removal Obligations for Platform Operators

• Section 284/4: If obscene data is accessible to the public through computer systems, the Court may order the defendant to suspend dissemination and take it down within a specified period. Otherwise, authorized officials may be ordered to execute such order and to report results within 15 days. The data introducer, system controller or service provider who fails to comply with such order is punishable by imprisonment of up to 6 months, a fine of 10,000 THB, or both.

VI. Employer and Board Liability Implications

The elevation of sexual harassment to a standalone criminal offence significantly shifts workplace risk from a purely human resources matter to an issue of organizational governance and legal liability. Employers may now face exposure not only through direct perpetrator conduct but also through failures in prevention, supervision, or response mechanisms.

Where harassment occurs in the course of employment or within organisational systems, companies and responsible officers may face scrutiny regarding whether adequate preventive measures were implemented. This includes the existence of clear policies, reporting channels, investigation procedures, and disciplinary frameworks. In environments involving digital platforms or surveillance technologies, liability risks may extend to inadequate monitoring controls or failure to act upon known misconduct.

For directors and senior management, the amendment heightens expectations of oversight. Sexual harassment risk now intersects with duties of care and organisational compliance obligations, particularly in regulated sectors or entities subject to ESG (Environmental, Social and Governance), workplace safety, or corporate governance standards. Failure to address known risks or repeated incidents could expose leadership to allegations of negligent supervision or compliance failure. Therefore, sexual harassment prevention should now be treated as a board-level compliance issue rather than solely an HR function.

VII. Practical Compliance Considerations for Employers

In light of the amended Penal Code, employers should reassess whether existing workplace frameworks align with the broadened legal definition and risk scope of sexual harassment. 

Key considerations include:

• Policy scope and definitions: Workplace policies should reflect the statutory definition, including verbal, non-verbal, visual, digital, and technology-facilitated conduct. Coverage should extend to remote work, online communication, and platform-based interactions.

• Reporting and response mechanisms: Employers should ensure confidential and accessible reporting channels, timely investigation procedures, and documented response protocols. Delayed or informal handling may increase organizational exposure.

• Training and awareness: Regular training for employees, supervisors, and management should address updated legal standards, prohibited behaviors, bystander obligations, and digital conduct risks.

• Digital and platform oversight: Where work involves electronic monitoring, messaging systems, or user-generated content environments, organizations should review safeguards against misuse, voyeuristic conduct, or harassment through technological means.

• Governance and documentation: Boards and senior management should receive periodic reporting on harassment incidents, investigations, and mitigation measures. Documented oversight demonstrates reasonable preventive efforts if liability questions arise.

In short, proactive alignment of internal frameworks with the amended offence reduces both legal exposure and reputational risk while reinforcing a safe workplace environment.

VIII. Procedures that Prevent Escalation and Protect All Parties

Beyond legal definitions and penalties, many organizational risks arise not from the misconduct itself but from procedural failures in handling complaints. Investigations that lack neutrality, confidentiality breaches, delayed responses, or disproportionate disciplinary action can transform a harassment allegation into wider disputes involving wrongful dismissal, defamation, or retaliation claims. Under the amended Penal Code, where authority relationships and organizational oversight are emphasized, flawed procedures may increase both employer exposure and reputational damage. Effective compliance therefore requires not only clear policies but also procedurally sound complaint handling frameworks that withstand legal scrutiny.

Disclaimer & Contact

This article is provided for general information purposes only and does not constitute legal advice. While I strive to keep my legal analysis accurate and practical, changes in law or other circumstances may affect its application. If you wish to discuss a legal or business risk, or explore how this amended law may apply to your organization, you are welcome to contact me to arrange an initial discussion.

What to Expect When You Contact Me:

1. An initial, non-obligatory discussion to understand the nature of the matter

2. Confirmation of the relevant area of law and whether I am able to assist

3. If appropriate, agreement on the scope of work and applicable professional fees before any formal engagement

📩 Contact: osa.chaichit@gmail.com

Osaris Chaichit 

Attorney-at-Law (Thailand)

Notarial Services Attorney