Defamation Laws in Thailand: Criminal Charges and Civil Suits

In Thailand, defamation can lead to both criminal charges and civil lawsuits. If you're accused, you risk fines, jail time, or being ordered to pay compensation. If someone harms your reputation, you have the right to take legal action to defend yourself.

This article explains what counts as defamation under Thai law, the possible penalties, and the legal steps both sides can take.

What Is Defamation Under Thai Law?

Under Thai law, defamation happens when an individual or legal entity, such as a company, makes a false statement that damages the reputation, dignity, or public image of another person or legal entity. This can include anything from spoken or written words to social media posts and other messages shared with a third party.

Defamation in Thailand can target private individuals, companies, or government agencies. The statement doesn’t have to be public; sharing it with one other person can be enough to count as criminal. The plaintiff doesn’t even need to prove that the accused meant to cause harm. As long as the statement damages the plaintiff’s reputation, it may still be considered defamation regardless of intent.

Is Defamation a Crime in Thailand?

Yes. In Thailand, defamation is not just a civil issue; it is also a criminal offense under Sections 326 to 328 of the Thai Criminal Code. If you accuse someone of something that damages their reputation or causes others to hate or look down on them, you may face criminal charges.

Criminal defamation applies regardless of how the statement is made. Thai law recognizes spoken words, written content, news reports, websites, and social media as means through which defamation can occur. However, Thai law treats public or published statements as more serious than private ones and will typically hand down tougher sentences.

What Are the Criminal Penalties for Defamation in Thailand?

Criminal defamation penalties depend on how the defamatory statement was made. Under Section 326, the court can sentence you to one year in prison or fine you up to 20,000 THB. If the statement was published online, in print, or through broadcast, Section 328 raises the punishment to two years in prison or a fine of up to 200,000 THB.

If you are the victim of defamation, you must file a criminal complaint within three months of the incident. These cases often move quickly once filed. However, if you’ve been accused, formal charges can lead to arrest, so it’s important to respond quickly and speak with a lawyer.

Can You Sue Someone for Defamation in Thailand?

Yes, you can file a civil lawsuit for defamation in Thailand under the Thai Civil and Commercial Code, especially Section 423. To succeed, you need to show with hard evidence that the false statement damaged your reputation and/or caused financial loss. Civil cases may proceed concurrently with criminal ones, with the same act resulting in both prosecution and a claim for compensation. In civil court, the focus is on the harm done, and the court may order the other party to pay damages based on the outcome.

You must file the lawsuit within one year of when the statement was made or when you learned who made it. Courts may grant additional time depending on the severity of the defamation and the surrounding circumstances, but the law sets a final deadline. The case must be filed no later than ten years from the date of the act.

How Do You Prove Defamation in Thailand?

To prove defamation, the plaintiff must show the following: 

• The statement was communicated to someone other than themselves.
• It referred clearly to the plaintiff.
• It was false or misleading.
• It harmed the plaintiff’s reputation or caused financial or social damage.

If you're accused of defamation, you must first prove that what you said was true. But even if the statement was true, or you did not intend to defame the plaintiff, you may still be found guilty. To exonerate yourself, you must prove that you said the alleged statement fairly, in good faith, and with a valid reason.

Statements made in court, in official reports, or as good-faith opinions may be protected. Claiming that a defamatory statement was merely an opinion doesn’t absolve you of liability. The court will look at the context and how the statement affected the other person.

What Happens If You Are Accused of Defamation in Thailand?

As mentioned above, being accused of defamation in Thailand can lead to both criminal charges and a lawsuit that demands you pay compensation. If you are accused, act quickly and review the statement, collect any supporting evidence, and talk to a lawyer who has experience with defamation cases and representing foreigners.

Thai courts often support mediation, which can settle cases before trial, saving time and money for all involved. But if you ignore the case or fail to respond, you risk arrest, trial, or a default judgment.

What to Look for When Choosing a Defamation Lawyer in Thailand

You need the right lawyer if you're dealing with a defamation case in Thailand, especially if you are a foreign citizen. Your lawyer should: 

• Have specific experience with defamation cases.
• Know how to handle both criminal and civil cases, since defamation often involves both sides. 
• Understand international laws if the case involves multiple foreign citizens. 
• Speak English or your preferred language as well as Thai, as all court proceedings are in the Thai language.
• Have a long and proven track record of success in criminal defense and civil suits.

Defamation cases can seriously affect your reputation, finances, and daily life. With the right lawyer guiding you, you’ll have a better chance of protecting your name and reaching the outcome you want.