The Legal Measures for Preventing Technology-Based Pornographic Media: A Case Study on the Protection of Children’s Rights

Abstract

This research aimed to 1) study the problems and limitations of Thai law in addressing pornographic materials created using Deepfake and Generative AI technologies, 2) comparatively study legal measures concerning the protection of children from digital pornography in the United States, the United Kingdom, and the Republic of Korea, and 3) propose guidelines for improving Thai law and child protection measures in accordance with developments in digital technology. This study employed a qualitative research approach using documentary research by examining statutory provisions, legal documents, research studies, and relevant academic articles. The data were analyzed using content analysis and comparative legal analysis. The findings revealed that Thai law can be applied to sexual content created or modified by technology in certain cases, but limitations remain concerning the definitions and scope of the materials, victims, offenses relating to the creation of synthetic content, and mechanisms for removing content from online systems, particularly in cases of AI-generated child sexual abuse material in which no real child is used as a model. The comparative findings showed that the United States places emphasis on the Notice and Takedown system and platform responsibilities; the United Kingdom applies several laws covering both synthetic images and the regulation of online services; while the Republic of Korea directly establishes offenses relating to sexual Deepfakes and clearly extends protection to sexual content involving children. Therefore, Thailand should consider revising relevant definitions and offenses to cover AI-generated content, developing an accessible Notice and Takedown mechanism for victims, defining platform responsibilities, and providing child protection and remedial measures alongside law enforcement.