The Kingdom of Thailand (formerly Siam) attracts hordes of tourists each year who flock to the country to enjoy its unique cuisine, magnificent beaches, and striking ancient temples. The country’s tropical climate and centuries-old architecture make it a fantastic tourist destination, but if you plan to gamble during your stay, do not bother visiting.
Gambling is largely prohibited on Thai territory, with the ban extending to nearly every form of betting one can think of. However, the prohibition hardly prevents locals from participating in such activities. Illegal betting is rampant here, with gambling dens and illegal bookmaking shops scattered across the country. The scope of these activities is so great that there is even an unauthorized version of the national lottery whose popularity far surpasses that of the legal lottery.
A recent study carried out in 2019 revealed that approximately 57% of residents participated in some form of gambling during that year. When applied to Thailand’s entire population, this percentage corresponds to nearly 30.5 million citizens. State lotteries are the most widespread form of gambling, with around 23 million participants.
The figures were almost equally impressive for unlawful lotteries, with around 18 million players. The number of Thais who punted on soccer was significantly lower, at only 3.5 million. Bets on the popular sport nonetheless accounted for the highest customer spend (฿160.5 billion) according to the 2019 study.
Significantly fewer citizens pursue online gaming, which also falls within the scope of the general gambling prohibition. Now that you have a general idea of the size and scope of Thailand’s gambling industry, let’s explore the laws that govern it in more depth.
Laws That Govern Gambling in Thailand
Despite its massive popularity in Thailand, gambling remains largely prohibited. The only legal and regulated forms are state lotteries and horse race betting. In 1935, the government passed legislation known as the Gambling Act B.E. 2478, which repealed many provisions of the earlier Gambling Act B.E. 2473.
Another relevant law is the Anti-Money Laundering Act, B.E. 2542, which came into force in 1999. Nevertheless, the 1935 Act remains the primary statute governing gambling in the country. The Act regulates lotteries but does not provide a clear definition of gambling. Instead, it distinguishes between two categories of games, List A and List B.
List A and List B Games
Requirements for List B Games Permits
Sanctions for Violation of the 1935 Gambling Act
The Playing Cards Act of 1943
List A and List B Games
List B comprises gambling activities that involve betting on blood sports and similar “games” in which animals can be harmed. Examples include bullfighting, dogfighting, and cockfighting. List B also covers activities such as bingo, sweepstakes, bookmaking, billiards, backgammon, and tote betting.
The law expressly states that List B gambling activities are permitted only if their organizers obtain licenses or permits from the relevant ministerial authorities. Organizers can offer games 5 through 15 on List B provided they do not award prizes in monetary form. Bingo, shooting, image guessing, and coin tossing are examples.
Section 4 of the 1935 Gambling Act prohibits the organization, participation in, and wagering on games listed under List A. However, the authorities may issue a royal decree to allow these games under specific conditions, although this almost never happens. List A includes three-card Monte, high-low, poker, dominoes, roulette, and type A and B lotteries, among others.
Requirements for List B Games Permits
As previously mentioned, List B games are allowed only if their organizers obtain licenses from Thai authorities. Each license must explicitly state the rules of every gambling game, together with the operating hours and the venue where the games will take place. Licenses for lotteries, sweepstakes, and raffles must also indicate the number of tickets on sale, as well as when and where the draws will be held.
The person or entity staging the event must also specify whether the number of participants is fixed. Accordingly, organizers cannot allow individuals below the legal age to participate in List B games. For clarity, Thai nationals may participate in lotteries only if they are at least 20 years old.
Sanctions for Violation of the 1935 Gambling Act
Section 9 bis prohibits the sale of lottery tickets at prices higher than those printed on them. Violators face fines of up to ฿1,000 or jail sentences of up to one month. The government is also entitled to seize gaming equipment from those who organize unauthorized games or operate List B games in violation of their licenses and the 1935 Act.
Individuals who organize prohibited games 1 through 16 on List A may be fined between ฿500 and ฿5,000 or imprisoned for three months to three years. Offenses involving any other games mentioned in the legislation can lead to up to two years in prison and monetary penalties of no more than ฿2,000.
Thai law imposes harsher penalties on convicted individuals who reoffend within three years of being released from prison. Under Section 14 bis, recidivists who repeat their gambling-related offenses within that period will face twice the jail time and/or higher fines. Notably, persons who inform the authorities about violators and assist with their arrests are eligible for rewards under Section 15.
The Playing Cards Act of 1943
Thai lawmakers passed the Playing Cards Act, B.E. 2486 in 1943 to curb gambling on illegal card games. This legislation repealed the Playing Cards Act, B.E. 2481, and the Playing Cards Act (№ 2), B.E. 2482, effectively prohibiting private individuals from owning more than 120 playing cards without first obtaining the government’s permission.
The manufacture of playing cards is also a criminal offense under Thai law, as is importing them from other countries. The sale of playing cards requires a permit issued by the Director-General of the Excise Department. License applicants must pay fees of up to ฿100 when submitting their applications, and each subsequent replacement of a permit costs ฿10.
Permits for the sale of playing cards expire on December 31st and must be renewed annually, according to Section 7(2) of the legislation. Only cards that bear the seal of the Excise Department are eligible for legal sale. Licensed card sellers also incur stamping expenses of ฿30 for each batch of 100 cards.
Thai officials are authorized to raid any private or public place on suspicion of illegal possession of playing cards. Citizens who print or produce illegal cards may face monetary penalties in addition to prison sentences of up to 10 years. Selling cards without a permit is punishable by up to one month in prison or fines of up to ฿1,000. The heaviest sanction for illegal card possession (i.e. for possessing over 120 unstamped cards) is three years in prison.
Fees and Tax Rates in Thailand
Section 16 of the 1935 Gambling Act outlines the tax rates imposed on legal gambling in Thailand. Licensed lottery organizers are subject to tax rates of up to 10% of their gross gaming revenue (GGR), defined as the difference between their gross income and the prizes paid out to lottery winners.
The tax rate for authorized bookmakers who take bets on horse races is also 10%, but it applies to their net revenue rather than to the GGR. Licensed sweepstakes and raffle organizers must contribute up to 10% of the value of all tickets sold before deducting expenses.
Thailand’s Minister of Interior is authorized to impose additional taxes on licensees who organize horse racing, sweepstake, and tote betting. The rate is up to 2.5%, and the money goes toward funding the municipalities where the gambling activities take place.
Online Gambling in Thailand
Thai law makes no specific references to remote gambling, but these activities still fall within the scope of the Gambling Act B.E. 2478. Participation in such activities constitutes a legal violation and is punishable under the country’s criminal law. The ban hardly prevents locals from wagering at offshore gambling sites, as residents rarely find themselves in hot water for placing bets with foreign operators.
Thai authorities seldom initiate legal proceedings against locals who partake in offshore sports wagering, poker, or online casino gaming in the privacy of their homes. Despite the draconian measures, approximately 70% of the population admit to using offshore gambling services on a regular basis.
Sports betting, in particular, is massive in Thailand and leads to a significant outflow of money from the country. Statistics released by the Kasikorn Research Center show that local punters collectively spent approximately ฿58 billion on football wagers in 2016 alone.
The popularity of offshore gambling sites in the country is unsurprising, considering that many foreign operators cater to Thai customers with numerous payment methods and allow transactions in the local currency, the Thai baht (THB). Many offshore operators also enable Thai bettors to fund their accounts with cryptocurrencies like Bitcoin.
The Bank of Thailand (BOT) does not legally recognize cryptocurrencies because of the lack of regulations. BOT unveiled plans in early 2021 to introduce regulations on stablecoins. These are virtual tokens whose value is pegged to the USD. If enforced, the regulations will not cover cryptocurrencies like Ethereum and Bitcoin because they are not backed by fiat currencies.
Conclusion
As you can see, the legal climate in Thailand is rather harsh when it comes to gambling. Local laws prohibit most forms of gambling activity except state lotteries and horse race betting. However, this hardly stops locals from wagering in one way or another.
A substantial percentage of Thai residents engage in online gambling at offshore websites. An equally large number make frequent visits to the illegal gambling dens spread across the country. By the looks of it, Thailand’s government has no intention of changing its stance any time soon.