This article is the final episode ( EP.4 ) of the Copyright Act 2022 Amendment series ‘The Notice and Takedown, safe harbor.

Upon digitalization, copyright can be infringed fast and efficiently. The modernization of law is needed. Many businesses have transformed themselves into digital platforms, and every moment, online copyright infringement occurs among us through the internet and all devices involved with internet service providers.

Internet Services Providers Definition

According to the 2022 amendment of the Copyright Act together with the Computer Crime Act B.E. 2550 Section 3, the internet services provider (ISP) means all ISPs through all devices. The Copyright Act of Thailand classifies ISPs into four categories.

  1. Intermediary ISP provides the transmission, networks, and infrastructure.
  2. Caching ISP wh iso caching infringing activities.
  3. Hosting ISP that provides computer data storage.
  4. Search engines that link to infringing activities.

Notice and takedown

Section 43/6 of the amendment allowed the copyright owner to notify the ISP requesting the takedown of the online copyright infringement. When the ISP has been announced, together with the required information, the ISP must take down the infringement data immediately and inform the user who has uploaded such copyright work for their defense.

The ISP who misses the takedown notification may be liable for damages from such failure. Notice and takedown are part of a law requirement for liability exceptions to online infringement. However, If the notification is false, the sender must be liable for any damages from such false information (Section 43/8).

This notification proceeding doesn’t need any court order. This principle is derived from the Digital Millennium Copyright Act (DMCA) of the USA. The law has encouraged copyright owners and ISP to work together against online copyright infringement.

Safe harbor

Safe harbor is an action that provides liability exceptions to online copyright Infringement. Sections 43/1 to 43/5 of the 2022 amendment, sec,tions force the ISP to take steps for the liability exception which the ISP must comply with the following actions.

1-Announced the policy of the measure to cancel services to any users who repeated the copyright infringements AND complied with the procedure. AND,

2-Provide a channel for notification and contact details at an easily accessible location. AND,

3-Takedown the infringement without delay upon the acknowledgment or the notice of the infringement. AND,

4-ISP does not receive any financial benefit from the infringement, in case the ISP has the right and ability to control the infringements.


The 2022 amendment of the Copyright law of Thailand with the Notice and Takedown and the self harbor is a good movement of the Thai government which complies with the intention of intelligence property law to promote and protect the author from creating new various creative works, arts, music and other things for the human and the worlds.

For further information, please enquire to our copyright litigation team.