What is the Defamation Law in Thailand?

The defamation law in Thailand aims to safeguard reputations while managing the boundaries of free speech. However, with criminal penalties attached, the stakes are high for individuals and businesses alike. Whether you’re filing a claim, defending against one, or want to avoid getting into this situation altogether, understanding the defamation laws in Thailand will help guide you in planning your next step forward.

What Is the Meaning of Defamation in Thai Law?

Defamation under Thai law occurs when someone makes a false statement that damages another person’s reputation. This includes verbal, written, or published communication, whether in print or online. According to the Thailand Criminal Code, defamation applies to individuals as well as businesses and corporations.

A statement qualifies as defamatory if it harms someone’s dignity, reputation, or social standing. It is important to note that the law doesn’t require intent to harm and that even unintentional remarks can lead to a defamation case if reputational damage occurs.

Civil Defamation Lawsuits in Thailand

In Thailand, defamation claims can result in civil lawsuits. These focus on compensation for harm caused to the plaintiff’s reputation. However, the plaintiff must prove that the defamatory statement had directly caused financial losses or reputational harm. 

For example, if a company publicly and falsely accuses a competitor of illegal activities, the competitor may file a civil lawsuit for financial and reputational damages. The court will then evaluate the presented evidence and the extent of harm done, before determining the amount of compensation.

On the other hand, a civil defamation suit can also arise simply from one individual spreading false and damaging rumors about another individual. Public reputation is important in Thai culture, so these kinds of suits are common and taken seriously by the courts.

Is Defamation Legal in Thailand?

In addition to being grounds for a civil suit, defamation is not legal in Thailand and is treated as a criminal offense. The Thailand Criminal Code protects individuals and entities from reputational harm caused by false statements, as shown below:

• Section 326: Whoever makes a false statement to the other person before a third person who is likely to damage the other person’s reputation is said to commit defamation. They will be liable to face a penalty of no more than 1 year of imprisonment or a fine of no more than 20,000 THB, or both.
  
• Section 328: Whoever commits defamation by means of publication, whether it be in an offline or online form, will be liable to face a penalty of no more than 2 years of imprisonment and a fine of no more than 200,000 THB.

It is possible to be charged with a criminal offense and sued in a civil case for the same instance of defamation. That’s why it is best to avoid the situation altogether, or if you have already been accused, to act fast to prevent serious consequences.

What to Do if You Have Been Accused of Defamation in Thailand

Facing a defamation accusation in Thailand can be intimidating, but understanding your options is the first step to resolving the matter favorably. Here’s a list of steps you must take:

• Review the Details: Gather evidence, including the content of the alleged defamatory statement and the context in which it was made.
• Seek Legal Advice: Consult with an experienced defamation lawyer in Thailand, as they can help assess the case and guide you through the next steps carefully. Be sure to seek a bilingual lawyer with experience representing foreigners.
• Explore Mediation: Many defamation cases in Thailand are settled through mediation, as it avoids lengthy legal proceedings. Ensure your defamation lawyer has experience with out-of-court mediation, as this might be the fastest and cheapest option even if you are innocent.
• Build Your Defense: Provide evidence to support the truth of your statement or demonstrate that it was made in good faith. Your lawyer will know what kinds of evidence to gather and how to prepare it. Be open with them so that they have all the information they need to defend you.

While it is possible to defend yourself in Thai court, it is highly recommended that you retain the services of a defamation lawyer in Thailand, as all the presented documents and court proceedings will be in the Thai language. Having an experienced lawyer by your side will help you understand the implications of each court proceeding and give you a fair advantage in a country that is not your own.

Expert Thai Defamation Lawyers for Civil Suits and Criminal Defense

If you’re a victim of defamation or have been accused of defamation, contact Siam Legal International. We are a full-service law firm and visa consultancy in Thailand with over 20 years of experience helping foreign clients with their legal needs and providing expert representation. Our experienced team of defamation lawyers will handle your case with the utmost care, as they assist you in gathering evidence to strengthen your case, negotiate mediation on your behalf, and fight for your rights in court should all else fail.

Partner with Siam Legal for your defamation case and our reliable team will ensure the swiftest, least expensive, and most favorable outcome possible.

Category: Civil and Commercial Law, Criminal Law