Thailand’s gaming sector has seen extraordinary growth in the past few years, and its market valuation today exceeds USD1.3 billion, marking it as the second-largest in Southeast Asia. Key factors driving this growth include a youthful, digitally engaged population, high rates of smartphone penetration, and an increase in affordable 5G services. In-game purchases – spanning virtual goods such as skins, battle passes and other cosmetic items – now constitute a major revenue stream, fuelled by free-to-play mobile titles and effortless digital wallet transactions.
Naris Asavathongkul
Partner at Baker McKenzie in Bangkok
Tel: +66 2666 2824 (ext. 1013)
Email: Naris.Asavathongkul@bakermckenzie.com
The rise of active gamers has led to esports viewership reaching new records, as the number of esports participants is expected to nearly double from 9.8 million in 2021 to 18.7 million by 2027. The average fan spends, on average, five hours a week watching esports content. Major sponsorship deals, from telecoms and beverage brands to global partners, fuel this surge by supporting professional teams, funding tournaments and fostering grassroots development.
In the past decade, grassroots gaming communities and casual gaming have matured into a structured, competitive industry. Thailand has hosted more than 1,400 tournaments, and the top teams have earned close to USD30 million in prizemoney.
In 2025, Bangkok made history by hosting the Valorant Masters, one of the world’s premier esports tournaments, at the Impact Arena. The event brought together 44 of the globe’s top teams, competing for a USD500,000 prize pool. This marked the first time the tournament was held in Southeast Asia, underscoring Thailand’s emergence as a regional digital powerhouse.
The country’s creative prowess has even gone global, as Hollywood adapted the Thai-produced horror game Home Sweet Home into a movie that was released this year, Home Sweet Home: Rebirth, featuring celebrated Thai actors alongside international talent.
Esports in Thailand have evolved far beyond entertainment. It is a strategic tool for advancing digital literacy and youth development. Mahidol University’s “Buff to Build Number One” and the SCG Foundation’s “esports as a career path” initiatives highlight this trend. Government agencies such as the Digital Economy Promotion Agency regularly organise events and workshops aimed at enhancing the skill of young gamers, redefining gaming as a viable career option.
Building on its role in upskilling youth and catalysing new career pathways, the Thai government has now enshrined esports within its soft-power and sports policies – treating competitive gaming as a bona fide sport, funding athlete development alongside Olympians, and infusing major tournaments with Thai cultural motifs to project national identity and influence abroad.
Legal perspective on gaming
Soravit Vongbunsin
Senior Associate at Baker McKenzie in Bangkok
Tel: +66 2666 2824 (ext. 1035)
Email: Soravit.Vongbunsin@bakermckenzie.com
The gaming world is largely populated by minors – defined under Thai law as individuals under the age of 20. This legal status carries significant implications. Any transaction entered into by a minor is considered voidable, meaning a legal guardian (usually a parent) retains the right to rescind it.
While exceptions exist – such as wills or acts deemed necessary for the minor’s life – online gaming transactions usually fall outside these categories. As such, transactions made by minors in games may be legally challenged, especially if prior consent from a guardian was not obtained. Game developers and service providers, therefore, face uncertainty in relying on the validity of such transactions.
Closely related to this issue is the matter of personal data protection. Under Thailand’s Personal Data Protection Act (PDPA), the collection of personal data must be lawful and based on prior or concurrent consent, or other legal bases for processing data.
Obtaining valid consent requires careful consideration when the data subject is a minor. If the act of giving consent is not one that the minor may perform independently – such as acts not appropriate to their status or not necessary for their reasonable livelihood – then consent must also be obtained from the holder of parental authority. For minors not more than 10 years old, parental consent is mandatory.
This requirement poses enforcement challenges in the gaming context, where parents may not be able to effectively monitor or control their child’s access. For example, a minor’s acceptance of a game’s terms of service may not constitute valid consent under the PDPA, potentially rendering the collection and processing of personal data unlawful.
Beyond the issue of consent and data protection, another legal complexity arises in the nature of virtual assets. Thai property law distinguishes between “things” (tangible objects) and “property”, which includes both tangible and intangible items with value. In this context, in-game items and accounts may qualify as property.
However, unlike cryptocurrencies or digital securities, virtual assets in games lack formal legal recognition and protection. This gap creates challenges in consumer protection, particularly in transactions involving the purchase or trade of in-game items.
Legal evolution in gaming
Thanadet Wuttitaweewat
Associate at Baker McKenzie in Bangkok
Tel: +66 2666 2824 (ext. 1054)
Email: Thanadet.Wuttitaweewat@bakermckenzie.com
2008: Current licensing regime. Under the Film and Video Act, 2008, games are classified as part of “videos”, although the act does not define games separately. The exhibition or distribution of games in Thailand requires prior approval from the Film and Video Committee, and operating a video distribution business without a licence is prohibited.
Non-compliance is subject to administrative and criminal penalties. However, the act is outdated and does not reflect the current nature of game regulation, prompting the development of new legislative drafts.
2021: Esports gains official recognition. Thailand marked a major milestone in 2021 by officially recognising esports as a professional sport. This recognition elevated esports athletes to the same legal status as traditional athletes, granting them several rights and protection (e.g. labour law and contractual rights). This was a foundational step towards legitimising the industry and setting standards for its future development.
2023: Regulatory reform attempts and public pushback. Two years later, in 2023, the government introduced the Draft Film and Game Act to replace the outdated 2008 act. The draft aimed to modernise regulation by defining “game”, and introducing a content rating system to safeguard public morality and national interests. It also proposed strict advertising controls and heavy administrative fines of up to THB5 million (USD135,000).
However, the draft faced strong public criticism. Stakeholders argued that the definition of “game” failed to reflect the unique nature of interactive media. The proposed rating system was seen as misaligned with international standards, and the severity of penalties raised concerns about disproportionate enforcement. Ultimately, the draft was abandoned, highlighting the need for a more industry-informed approach.
2025: A shift towards industry promotion and tailored regulation. In early 2025, a new legislative initiative – the Draft Game Industry Promotion Act – was introduced. This proposal responded directly to the shortcomings of the 2023 draft by separating games from films and offering a more tailored regulatory framework. Key provisions include:
- Registration requirements for online game operators;
- A game rating system aligned with global standards;
- Oversight mechanisms to prevent illegal gambling through games;
- Establishment of a dedicated fund to support industry development; and
- Enhanced involvement of cyber police and a new regulatory board.
The draft also emphasises social responsibility, with measures to address the psychological impact of gaming on minors and promote digital literacy. Notably, the private sector played a more active role in shaping the draft, aiming to ensure practical and enforceable regulations.
2025: Soft power and strategic promotion. Alongside regulatory reform, 2025 also saw the emergence of the Soft Power Game Promotion Act, proposed by the Soft Power Game Sub-Committee. This initiative reflects growing recognition of gaming as a driver of Thailand’s creative economy.
The simultaneous introduction of multiple legislative drafts underscores a strong policy interest in both regulating and promoting the gaming sector.
Conclusion
Thailand is quickly emerging as a rising star in Asia’s esports and gaming landscape, as its exponential growth signals extraordinary potential. Although still trailing markets such as the USD40 billion US gaming market, the momentum is undeniable. Aligning regulation with the industry’s rapid pace and promoting innovation while safeguarding participants will be crucial.
While Thailand’s legislative process can stretch over three to five years, its extensive stakeholder consultations ensure the resulting policies are robust and future-ready. With continued support and reform, Thailand is set to become not only a regional hub, but possibly a global force in the digital arena.
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