Following our alert [link] on the draft amendments to the Copyright Act ("Draft Amendment"), after being considered by the Ad-hoc Committee on the Draft Copyright Act (No....) B.E.... and approved by the House of Representatives, the Draft Amendment has recently been accepted by the Senate for its first reading on 15 November 2021. The key proposed amendments remain the same which include, among others:
|•||The sections of the four classifications of service providers (intermediary, caching, hosting, and information location tools)|
|•||The new provision on "notice and take down" for copyright infringement occurring on a system or computer network, which is limited to two classifications of service providers, namely, hosting and information location tools|
|•||The requirement that the copyright owner shall take into account the provisions on exceptions to copyright infringement to issue a copyright infringement notice to the service providers|
For the next legislative process, the Draft Amendment will be considered by the Ad-hoc Committee of the Senate. If there are no further amendments proposed, the Senate will then approve the Draft Amendment, which will then be submitted to the King for His Royal Signature. After that, the Draft Amendment will be published in the Government Gazette and officially come into force. We expect that the remaining legislative process of the Draft Amendment should be completed by the first quarter of 2022. In any case, we will continue to closely monitor its developments and provide updates as appropriate.