Legal Problems Relating to the Control of Photo Editing for Online Apparel Trading

Abstract

Background and Aims: Buying and selling products on online platforms, whether it be Facebook, Lazada, Shopee, or TikTok, often faces problems with products not matching the description. As a result, many times there are news stories about consumers purchasing products online and receiving incorrect products, sometimes it was wrong. Thus, this thesis on the legal problems relating to the control of photo editing for online apparel trading aims to (1) investigate background, principles, and theories related to controlling photo editing for online apparel trading, (2) explore legal measures of Thailand and the foreign countries on controlling photo editing for online apparel trading, (3) analyze the legal problems on controlling photo editing for online apparel trading, and (4) propose approaches to solve the legal problems on controlling photo editing for online apparel trading.

Methodology: This thesis is qualitative research. The study method is document research.

Results: (1) Regarding the problems of photo editing for online apparel trading, Section 22 of the Consumer Protection Act B.E.2522 does not specify the statements which are modified for product advertisement through online media leading the consumers to misunderstand the apparel products; (2) Regarding the problems of photo editing for online apparel trading, the word “statement” in Sections 3 and 22 of the Consumer Protection Act B.E.2522 does not include the apparel products which causes online product advertisement to have no clarity on prohibiting the use of applications to edit photos for online trading, as well as setting the value of color tone for the screen of electronic devices to be the most similar to the actual products; and (3) Regarding the problems of the advertising committees’ authority on controlling photo editing for online apparel trading, Section 27 empowers the advertising committees on issuing an order as specified in Section 27 but does not empower them to have the authority to control photo editing for online apparel trading.  Therefore, the researcher would like to propose amendments to the Consumer Protection Act B.E.2522 to solve the legal problems as follows: (1) Section 22 adding the word “the statements which are modified for product advertisement through online media,” (2) Section 3 establishing the definition of “apparel products,” and (3) Section 27 empowering the advertising committees to have an authority to control photo editing for online apparel trading.

Conclusion: The study reveals legal issues in online product advertising through image manipulation, particularly concerning clothing items. The Consumer Protection Act of 1979 lacks provisions addressing modified images, resulting in consumer confusion, and restrictions on defining text in the law contribute to unclear online advertising. The researcher suggests legal amendments to enhance clarity, proposing additions to the Consumer Protection Act, including defining modified images, specifying clothing items, and granting the Advertising Committee authority to regulate image manipulation in online clothing sales.