Consideration Regarding Liability of Operator of Electronic Marketplace under Thailand’s Product Liability Law

Abstract

The Product Liability Act B.E. 2551 lacks clarity regarding the liability of operators of electronic marketplaces. It remains ambiguous whether the definition of “business operator” in Section 4 of the Act encompasses electronic marketplace operators, potentially leaving consumers in Thailand vulnerable. Consequently, this article endeavors to examine the scope of “business operator” under the Product Liability Act B.E. 2551. This examination involves an analysis of legal principles, the concept of a business operator, and the liability of electronic marketplace operators under the Act. Additionally, it considers recent judicial and legislative developments in other jurisdictions such as the United States of America and the European Union. The aim is to explain why it's important for electronic marketplace operators to be held responsible for their products, and to find an appropriate approach for Thailand.