LEGAL MEASURES TO REGULATE ONLINE IN-GAME PURCHASES OF LOOT BOXES: A COMPARATIVE STUDY

Abstract

        The aim of this study was to examine the gambling conditions of loot box in-game purchase system under the Gambling Act B.E. 2478 (1935) and to compare game control measures under the Film and Video Act B.E. 2551 (2008) with those of other nations. The study's findings are demonstrated as followed:

        1) Although gambling is not specifically defined by Thai law, but gambling must be a gamble between players with the outcome of uncertain future events as the decisive decision. Therefore buying goods in a random game is not gambling, even though it is quite similar to gambling.

        2) Since the loot box does not qualify as gambling and certain games sold by downloads are not legally classified as videos, Thailand's legal measures to control games and gambling are restricted. While foreign laws provides specific measures to control in-game contents such as authorizing game licenses, limiting the amount of in-game purchases or rating of appropriateness

3) In order to strike a balance between protecting Thai gamers and generating revenue from the gaming industry, Thailand should implement regulations for regulating the random purchase of games from outside, such as the application of a licensing system or age-appropriate classification.