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Defamation in Khon Kaen, essentially involves making false statements that harm the reputation of an individual or business. Unlike many countries where defamation is treated purely as a civil issue, in Thailand, it's a criminal offense under sections 326 and 328 of the Thai Penal Code. Penalties can range from fines to imprisonment, based on the severity of the case.
If you have been accused of defamation, it's crucial that you seek legal counsel immediately. It's also vital when you believe you've been defamed in order to determine whether you have a valid claim, as proving defamation can be a complex process. A knowledgeable lawyer is vital in navigating the legal landscape, defending your rights, or making sure you receive appropriate compensation for your dropped reputation.
Under Thai law, defamation can be committed by written or spoken words (libel or slander), or by any other means. Fines can go up to 200,000 baht, or imprisonment for up to 2 years, or both. Moreover, there's a special provision for defamation against the monarchy (Lèse-majesté), which carries more severe penalties. Truth is considered a viable defense, but only as long as the accused can demonstrate that the public benefited from the statements.
1. What if the defamatory statement is true? In Thailand, even if a defamatory statement is true, a defamation claim can still stand unless the accused can demonstrate that the public interest was served by the revelation. 2. What makes something defamatory? To be deemed defamatory, a statement must be false, damage one's reputation and be circulated beyond the individual who made the statement and the individual defamed. 3. Can opinions be defamatory? Opinions can be defamatory if they imply undisclosed facts that could be deemed harmful to someone's reputation. 4. Are online posts covered under defamation law in Thailand? Yes, online posts, comments, or reviews that damage someone's reputation can be considered defamatory under Thai law. 5. Is it defamation if the statement doesn't name the individual, but they're easily recognizable? If a statement does not explicitly name an individual, but they can still be identified, it may be considered defamation under Thai law.
In Khon Kaen, the Legal Aid Center at Khon Kaen University and local Justice Offices provide information and guidance in such cases. These organizations can provide useful resources and expert consultation in defamation cases.
If you believe you've been defamed or accused of defamation, it's essential to consult with a lawyer to understand your rights and potential strategies. Avoidance of further public comment until you've sought legal advice is also suggested, to not inadvertently complicate your case.
