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Thai Defamation: Civil vs Criminal Pathways
Defamation in Thailand is both a civil tort under CCC §423 and a criminal offence under Penal Code §326-333. This guide explains the differences, defences, and the criminal-defamation framework foreigners should know.
TL;DR
Defamation in Thailand is both a civil tort under CCC §423 and a criminal offence under Penal Code §326-333. Civil defamation seeks damages + corrective action; criminal defamation can result in imprisonment up to 1 year and / or fine up to THB 20,000 (§326) — or up to 2 years and THB 200,000 for publication-by-broadcast (§328). The Computer Crime Act §14(1) further adds a parallel online-speech offence.
Three Frameworks
| Statute | Cause | Penalty |
|---|---|---|
| CCC §423 | Civil — damages | Compensation + corrective |
| Penal Code §326 (simple) | Criminal — public allegation | ≤1 yr / THB 20k |
| Penal Code §328 (publication) | Aggravated — broadcast / mass-published | ≤2 yrs / THB 200k |
| Computer Crime §14(1) | Online false-information | ≤5 yrs / THB 100k |
Defences (Penal Code §329-331)
- Truth + benefit to the public (§329).
- Good faith comment on public-interest facts (§329).
- Fair reporting of court / parliamentary proceedings (§329).
- Statements made by participants in litigation, witness testimony (§331).
Practical Implications
- Settlement common — restorative apology + take-down + compensation.
- Criminal proceedings often parallel — leverage for settlement.
- Foreigners can be defendants and complainants.
- Limitation period: 3 months for criminal-defamation complaint after knowledge of offence + identity.
Common Mistakes
- Assuming truth alone is defence — truth + public-benefit test applies.
- Reviewing on social media without considering §14(1).
- Cross-border posts thinking Thai law doesn't reach.
FAQs
1. Is "calling someone out" defamation?
If statement is allegation of fact that lowers reputation, yes; opinion + fair comment is defence.
Related Reading
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Anglo Siam Legal provides experienced legal services across Thailand for both Thai nationals and foreigners.
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