Legal Measures for Preventing Offences of Surreptitious Photography of Other Persons in Accommodation Facilities or Other Privacy-Protected Spaces

Abstract

At present, the problem of surreptitious photography of other persons in accommodation facilities or other privacy-protected spaces, for the purpose of sexual gratification and without consent, continues to occur. However, the laws and preventive measures in Thailand do not yet adequately cover the circumstances of such offences, and are still unable to effectively prevent or suppress them. Although there have been attempts to interpret Section 278 of the Penal Code, concerning the offence of indecent acts, so as to extend its application to such cases, or to apply Section 397 on petty offences, as well as other relevant laws, there remain several limitations that constitute obstacles to their effective enforcement in practice.

Accordingly, this independent study aims to examine the concepts and legal measures for preventing the offence of surreptitious photography of individuals in accommodation facilities or other privacy-protected spaces, both in Thailand and abroad. It further analyzes the problems and limitations of the legal measures currently in force in Thailand, with a view to proposing appropriate and effective legal reforms and preventive measures against such offences.

The study finds that the Republic of Singapore and the Republic of Korea have enacted specific legislation categorizing surreptitious photography within the sphere of sexual offences, explicitly prescribing offences and penalties to prevent such acts in lodging premises or other privacy-protected areas. In addition, the Republic of Korea has established clear preventive guidelines and measures aimed at deterring the commission of these offences before they occur.