In Thailand, the defamation is a criminal offense. Under section 326 of the Penal Code, the person commits defamation charge when they make false statement to someone by communication that false statement to the third person, causing damage to the reputation of the injurer.
The perpetrator could face the penalty of not over a year imprisonment or fine not over 20,000 THB, or both. H&P lawyers in Thailand would lile to point out that the main aspects of defamation in Thailand based on the regulation and our experience in these types of cases.
PUBLIC DEFAMATION
However, if the false statement has been published, regardless of whether it is in offline or online form such as by the paper, Facebook or Instagram post or any other platform that the public can access. The penalty would be greater as outlined in section 328 of the Penal Code, leading the not over two years imprisonment and fine not over 200,000 THB.
WHAT CAN YOU DO IF YOU ARE THE VICTIM?
If someone is trying to destroy your reputation by making the false statement. You can protect yourself by claiming the defamation case against them. You can file the criminal lawsuit at the court. However, you need to be careful about the statute of limitation. Because the defamation is a compoundable offense (both general and public defamation) which is subject to three months statute of limitation.
Although the defamation is the criminal offense. But if you want to claim the compensation, you also need to file the civil case along with the criminal one. The reason is the court cannot grant the monetary damages to you in the criminal case.
WHAT CAN YOU DO IF YOU ARE THE ACCUSED?
If the injurer proceeds the case by filling the police report, the police will issue the summons to your address in Thailand to give the statement at the police station. However, if the police have issued two summons and you do not appear. The arrest warrant will be issued afterward. So, H&P lawyers would suggest that you should appoint a lawyer in Thailand to liaise with the police in order to avoid the arrest.
On the other hand, if the case has been submitted directly to the court, the court will send the compliant and summons to your address in Thailand. The proceeding is similar to the above process. You must appear at the court on the appointment date. Otherwise, the court will issue the arrest warrant.
If you need to consult with a lawyer in Thailand about a defamation case, please contact our Bangkok lawyers at info@herrera-partners.com
Frequently Asked Questions
Is defamation a criminal offense in Thailand?
Yes. Thailand treats defamation as a criminal offense under the Thai Penal Code. Depending on the circumstances, a victim may also pursue a separate civil claim for damages.
Can I be sued for a Facebook or social media post in Thailand?
Yes. Defamatory statements published on Facebook, Instagram, LinkedIn, X, websites, forums, or other online platforms may constitute public defamation and result in criminal or civil liability.
Can foreigners file or defend a defamation case in Thailand?
Yes. Foreign nationals may bring defamation claims or defend themselves against defamation allegations in Thai courts.
What should I do if someone is damaging my reputation online?
You should preserve screenshots, URLs, messages, and other evidence before seeking legal advice. Prompt action may be important to protect your rights.
Can truth be used as a defense in a defamation case?
In certain circumstances, Thai law recognizes defenses relating to truth, public interest, and fair comment. The availability of a defense depends on the specific facts of the case.
