Case Background
The client, a foreign national parent in Phuket, entrusted their minor child to a local childcare facility for daytime care. Unbeknownst to the parents, the facility systematically took photographs of the child in various settings and subsequently published these images across its electronic media channels without obtaining any form of parental consent. This unauthorized publication constituted a clear violation of the child's privacy and the parents' rights.
Actions Taken
Upon discovering the unauthorized use of their child's images, our firm initially attempted to resolve the matter amicably through direct negotiation with the childcare facility. We requested the immediate removal of all published photographs and sought clarification on their media policies. However, despite our efforts, the facility adamantly refused to comply with our request to remove the images. Consequently, our legal team initiated criminal proceedings against the facility and its responsible director under the stringent provisions of Thailand's Child Protection Act (B.E. 2546). We meticulously prepared the case, gathering all necessary evidence and presenting a robust argument to the court, emphasizing the critical importance of consent and child privacy.
The Resolution
The Court of First Instance delivered a favorable judgment for our client, underscoring the severity of the violation. The director of the childcare facility was found guilty and convicted for their actions, receiving a criminal sentence. Furthermore, the court ordered the facility to pay the full amount of damages our client sought, reinforcing the principle that institutions caring for children must adhere strictly to privacy laws and obtain explicit consent for any media publication. This landmark decision not only provided justice for our client but also set a precedent, affirming the robust protection afforded to children's rights under Thai law.