About Defamation Law in Bangkok, Thailand
Defamation, often referred to as libel or slander, is considered a criminal offense in Thailand. This law is designed to protect a person's reputation or dignity from false or spiteful statements. Offenses are punishable by not only civil liability suits with significant compensation but also by severe criminal prosecutions, including imprisonment.
Why You May Need a Lawyer
Understanding defamation law in Bangkok, especially if you are an expatriate, can be complex due to its intricate characters and strict penalties. You may require a lawyer if your reputation has been wrongfully harmed, or if you're being falsely accused. Legal assistance is essential to guide you through the process, including understanding the law, assembling necessary documents and representing you in court.
Local Laws Overview
The Criminal Code of Thailand stipulates that whoever defames, insults, or threatens another person shall be punished with imprisonment not exceeding one year or a fine not exceeding twenty thousand Baht, or both. Importantly, truth isn't always an absolute defense. If you cannot prove that your statements were shared out of good motive for public interest, you could be found guilty even if your statement was factually correct.
Frequently Asked Questions
1. What is the definition of defamation in Thailand?
Defamation in Thailand refers to any untrue statements, either orally or written, expressed or implied, that damages the reputation of another.
2. Is it defamatory to share someone else's defamatory comments?
Yes, sharing or repeating defamatory information already in the public domain is also considered defamation.
3. How is it determined if a statement is defamatory?
The court assesses whether the impugned statement would lower the claimant in the estimation of 'right-thinking' members of society.
4. Are opinions protected under freedom of speech?
Yes, but if an opinion is proven to be a false allegation, it can be considered defamatory.
5. Can a public figure sue for defamation?
Yes, public figures can also sue for defamation in Thailand. However, the courts may measure a higher tolerance for public scrutiny and criticism.
Additional Resources
The Lawyers Council of Thailand and the Thai Journalists Association are resources providing essential guidance in the area of defamation. Various online legal databases and Thai law firms also offer valuable insights about defamation law.
Next Steps
If you need legal support for defamation, your initial step should be to gather information including the alleged defamatory statements, and any proof of harm to your reputation. Next, consult a legal professional with expertise in defamation in Thailand to discuss your situation and understand your rights, responsibilities, and possible legal strategies.
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