PPHO says Phuket tourism video showing alcohol does not break advertising law

Phuket Provincial Public Health Office has clarified that a tourism promotion video showing two men with drinks in Phuket Old Town does not violate alcohol advertising law because its purpose is to promote tourism, not alcoholic beverages.

The clarification followed questions over a promotional video that includes one scene of the pair seated at a rooftop bar overlooking the city while holding drinks, and another of them dining at a restaurant table with food, wine glasses and a bottle of wine labeled Vietti.

Thayakorn Kanthivivorn, a specialist with the Alcohol and Tobacco Control Division and acting secretary to PPHO Director Dusadee Kongtrakulsap, said authorities assess such content by looking at its overall purpose.

“Based on the video clip, it can be seen that the intention of the video is to promote tourism, not to promote shops, services or alcoholic beverages,” Mr Thayakorn said.

He said enforcement under the amended Alcohol Control Act considers whether content is intended to encourage the sale or consumption of alcoholic beverages.

Mr Thayakorn cited Section 32/3 of the Alcohol Control Act, Amendment No. 2, which took effect on Sept. 9, 2025. The provision prohibits the use of alcohol brand names, trademarks or symbols in a way that could be understood as advertising alcoholic beverages, including modified versions of alcohol branding used to promote other products.

Violations can bring penalties of up to one year in prison, a fine of up to B500,000, or both.

However, Mr Thayakorn said context and intent must be considered in deciding whether an offence has occurred.

“In this case, the video is only one part of a tourism promotion campaign. Therefore, it is considered acceptable and not a violation,” he said.

He said this differed from previous PPHO guidance on advertising for Heineken 0.0, which was seen as potentially problematic because it featured a recognized alcohol brand and imagery associated with drinking, despite the product containing no alcohol.

According to Mr Thayakorn, the key distinction is that the tourism video promotes Phuket as a destination for tourism, dining and nightlife rather than promoting any alcoholic beverage or alcohol-related business.

He also compared the issue to tourism videos that may incidentally show motorcycles in the background without riders wearing helmets, which he said does not automatically mean the content is promoting unsafe behavior if that is not the main focus.

Mr Thayakorn added that Chapter 4/1 of the amended law also requires authorities to consider the publisher’s intent when assessing possible violations.