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ResourcesVisa & Immigration LawThailand Immigration LawIs The Scrutiny Of Thai Police Falling On Foreign YouTubers?

Is The Scrutiny Of Thai Police Falling On Foreign YouTubers?

Transcript of the above video:

Every now and again, I make a video where I am sort of warning YouTubers if you will. I think some think I am sort of a Cassandra out here yelling into the abyss, but that said these are concerning developments. I have made videos before where I have said hey YouTubers that are operating here in Thailand and not operating with a Work Permit, you are really taking a major risk most notably because you are time stamping your activity. And as we have discussed in other videos, the definition of "work" in Thailand is very, very broad notwithstanding the fact that people across the internet will say things like "oh it's only about whether or not you are taking a Thai job." No, I have done the videos on this. The definition of "work" in Thailand and the certification associated with working in Thailand is very clear. Virtually anything performed by a foreigner in Thailand could be deemed to be work. That stated, there are obviously shades of gray; there's picking up something in your own house and putting it somewhere else which in theory you could make some really crazy argument "oh you were working" and then there are folks that really are working illegally and those who are, may find themselves having real problems especially where YouTube is concerned. 

I thought of making this video after reading a recent article from the Bangkok Post, bangkokpost.com, the article is titled: Polish tantra teacher arrested at unlicensed school on Koh Phangan. Quoting directly from that article: "SURAT THANI: A Polish man was arrested on Koh Phangan for illegally operating a tantra yoga school." Quoting further: "The Polish man told officials that he ran three-day yoga courses for clients on Fridays, Saturdays and Sundays and charged 400-600 US Dollars per course. He said he did not have a license for the operation. Police said", and I thought this was interesting because this was specifically pointed out by the Bangkok Post as well as the police whom they are reporting on. "Police said that the Polish man was also a YouTuber." They specifically point that out, so again this is somebody that apparently was operating without any kind of licensure, had no certifications, was not presumably work authorized here in Thailand; even if they were there are certain activities including these kind of instructorships which may or may not be covered under work authorization here in Thailand. Again, that is going to get into the facts and specifics in a given case. But that said, I think it is very noteworthy that they specifically went out of their way to point out the fact that this person was a YouTuber, okay? Again, I am not making this video to scare people unnecessarily. I am trying if anything, I'm hoping to help people avoid problems down the road. Again if the Police are specifically noting that this person was a YouTuber, and again Bangkok Post pointed it out themselves, I think it's noteworthy, it's a data point that those who this may concern should take note of and take note of it in light of the recent developments that we have seen wherein protocols have now been handed down from the Police Division to Immigration, specifically instructing them to scrutinize foreigners living and working here in Thailand, especially those who may be working illegally. 

We have done videos here recently talking about that. This is a major development with respect to what is going on here in Thailand especially in the foreign community. So again, in light of that and couple that with the fact that they specifically pointed out YouTubing in this particular report and the fact that this person was presumably arrested and deported, leads me to believe that it's a very good idea for foreign nationals who are looking to live and work here in Thailand and operate on YouTube and I get it, folks operate from the presumption that "hey social media, it has no borders, there are no particular rules on social media". Well if you are in the jurisdiction of Thailand, there are rules with regard to foreigners working in Thailand and those who are deemed to be working illegally could see themselves in major problems here in the Kingdom. 

So that being said, those who are either looking to work here in Thailand or work as part of YouTubing or as part of other social media interaction, it's definitely a good idea to contact a legal professional, gain some insight and guidance into how best to proceed with legal work authorization here in the Kingdom.