What Is Defamation in Thailand? Criminal vs Civil Explained

Overview

Unlike most Western countries where defamation is purely a civil matter, Thailand treats defamation as both a criminal and civil offence. This distinction surprises many foreigners and can have serious consequences.

Criminal Defamation (Sections 326–333, Penal Code B.E. 2499 (1956))

Criminal defamation in Thailand is defined under Section 326 of the Penal Code: "Whoever imputes anything to another person before a third person in a manner likely to impair the reputation of that person or to expose them to hatred or contempt is guilty of defamation."

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Penalties

Section 326: Up to 1 year imprisonment and/or fine up to 20,000 THB

Section 328 (publication/media): Up to 2 years imprisonment and/or fine up to 200,000 THB

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Key Elements

Statement made to a third person

Statement likely to damage reputation

Truth is NOT always a defence — even true statements can be defamatory if they serve no public interest

Civil Defamation (Section 423, Civil and Commercial Code B.E. 2468 (1925))

Civil defamation allows victims to claim monetary damages. The standard is similar but the outcome is financial compensation rather than imprisonment.

Criminal vs Civil: Key Differences

- Criminal: Prosecuted by the state; can result in imprisonment; complaint must be filed within 3 months

Civil: Private lawsuit; only monetary damages; statute of limitations is 1 year

Both can be pursued simultaneously

Foreigner Considerations

- Online posts (social media, reviews) can trigger criminal charges

Complaints about businesses, landlords, or individuals may constitute defamation

Even truthful negative reviews can be prosecuted

Cases can proceed even if the accused has left Thailand

Common Myths

- Myth: "Truth is always a defence" — Not in Thailand. Truth is only a defence if the statement serves the public interest

Myth: "Online posts aren't covered" — Online defamation carries heavier penalties under Section 328

Myth: "Foreigners can't be charged" — Anyone can be charged regardless of nationality

Related Guides

[Media & Defamation Law](/media-defamation-law)

[Civil vs Criminal Defamation](/blog/thai-defamation-civil-criminal-difference)

[Lese-Majeste Explained](/blog/what-is-lese-majeste-thailand)