Defamation in Thailand
- brian ramsden
- 10 minutes ago
- 5 min read
Defamation in Thailand is taken very seriously and there are hefty fines and can even lead to imprisonment.
Lawyers for Expats Thailand have seen an increase of defamation cases against foreigners.
If a foreigner is accused of defamation their passport can be held and it can be a very worrying time.
Avoid being accused of defamation.
What do the laws in Thailand say about Defamation?
Defamation in Thailand may be in form of slander or libel.
Acts of defamation can occur in a business, political, or commercial or personal context.
In Thailand, unlike Western jurisdictions, defamation may be both a criminal offense and/or a civil offense. Defamation is a criminal offense in accordance with sections 326 -333 of the Thai Criminal Code. This means that under Thai law, a person convicted of defamation charges may be subject to imprisonment.
There are two kinds of defamation:
1) Simple defamation — Whoever imputes anything, to the other person before a third person, in a manner likely to impair the reputation of such other person or to expose such other person to be hated or scorned.
2) Libel — document publication, drawing, painting, video, picture, or letters made visible by any means especially social media or any other recording instruments, recording picture or letters, or by broadcasting or spreading picture, or by propagation by any other means.
The burden of proof lies on the defendant to prove that his statements are true and not defamation. The defense that the defendant did not know his statements to be false is not acceptable in Thailand.
If found guilty of an offense, a sentence of up to two years imprisonment can be given although unlikely unless a serious case where intentional defamation can be proved against an individual or company.
Defamation can also be a civil offense under section 423 of the Thai Civil and Commercial Code. If found guilty, then the offender can be ordered to pay a fine and damages.
There are two distinct types of defamation in Thailand. Under Section 423 of the Thai Civil and Commercial Code, defamation is defined as a person who makes false statements and circulates it as fact. The false statements must injure the reputation, credit, earnings, or prosperity of another person. If the defamer is found liable, the defamer shall compensate the defamed for any damages arising from the false statements this can be a considerable sum Even if the defamer does not know that his statements are false, if he or she knows that it should be false, the defamer is liable for defamation. The court is not bound by the criminal code’s limits on punishment in a civil case.
Under Section 326 of the Thai Criminal Code, defamation is defined as whoever imputes anything about another person to a third person in a manner likely to impair the person’s reputation or place the person in contempt or hatred by others. When defamation is committed by publication or other media made visible by any means, the offender is liable for imprisonment for up to two years and a fine of up to 200,000 baht. If the person who is accused of defamation can prove that the statement is true, the person shall not be punished. But the truth is not a defense for private matters that is not a benefit to the public (Section 330).
What this means is even if what you are saying is the truth if this is not deemed by the court to be of benefit to the public it is still defamation.
Be careful what you post on social media about a person or company or service as this can land you in serious trouble.
If you believe that you have been defamed and you have personally suffered injury or if you believe that you have been falsely charged with defamation, please contact our office for assistance.
Lawyers for Expats Thailand can be reached on +66956583038
Or visit our Facebook page https://www.facebook.com/lawfirmforexpats
You can contact us on messenger there.
About Lawyers for Expats Thailand
Lawyers for Expats Thailand is a dedicated law firm for foreigners and their families living and considering moving to Thailand and for Expats working or conducting business in Thailand.
Our legal team is led by Kanokpich Ukritdutsadee a qualified and experienced lawyer and barrister of 20 years.
Understanding our clients’ needs is essential and having firsthand experience of the challenges and problems expats face living and working in Thailand is essential.
Brian Ramsden is the General Manager for Foreign Affairs and has experience living in Thailand as an expat as well as working in Thailand he is dedicated to assisting new and existing clients and all clients are treated as friends.
Lawyers for Expats Thailand offers comprehensive legal services in Thailand and around the world to foreign clients and their families to provide solutions.
We help our clients protect their lives in Thailand and to live a safe and happy life in the land of smiles.
We provide solutions for the following:
Property Law
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We also act in litigation cases such as civil & criminal cases, labor disputes, divorce, adoption, fraud, and defamation cases.
Our corporate law division offers services and solutions aimed at foreigners wishing to do business in Thailand including company formation and advise, visas and work permits, Thailand BOI, and Employment law.
Our contact details are:
Lawyers for Expats Thailand Number +66956583038
We can be found on Line and What’s App
Website www.lawyersforexpatsthailand.com
Content is provided for educational and informational purposes only and is not intended and should not be construed as legal advice
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