LEGAL ISSUES REGARDING MEASURES TO PROTECT THE RIGHTS, WELFARE AND WELL-BEING OF CHILD ACTORS IN THE ENTERTAINMENT INDUSTRY

Abstract

This research aims to 1) study the laws regarding the measures to protect the safety and welfare of child actors in Thailand and other countries, and 2) study the problem of the lack of specific laws to enforce the measures to protect the safety and welfare of child actors. This research is a qualitative research by collecting documentary data from books, articles, theses, research reports, and related electronic media using the secondary data and primary data methods.

          The research results found that 1) Laws on measures to protect the welfare and well-being of child actors in Thailand and abroad can be summarized as follows: Australian law has issued laws to protect child actors in terms of their welfare and safety comprehensively and clearly. It is stipulated that it is the duty of employers to comply with the law. However, the Unfair Contracts Act B.E. 2540 emphasizes the control of improper or unfair acts in contracts in the business and various businesses in Thailand. The principle of this Act is to provide protection to parties who are unable to protect themselves, such as parties who do not have enough knowledge, skills or experience in making contracts to protect themselves from choosing to make unfair contracts, which stipulate that unfair contracts are equivalent to cancellation or unfair contracts will be adjudged void. Parties who are damaged by unfair contracts can claim compensation by filing a lawsuit in court under the law to ensure that the safety of the contract is adequately protected.   2)The problem of the lack of specific laws to enforce measures to protect the welfare and well-being of child performers. In summary, under the Labor Protection Act of 1998, there is no law to protect child labor comprehensively. Thai law does not have a specific law to protect child labor in the entertainment industry. In addition, the powers and duties of responsible agencies and other existing legal measures are not sufficient to protect children who are exploited in the entertainment industry.