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Computer Crime Act §14(1) — Scope of 'False Information Causing Damage'
Public Prosecutor v Defendant
Composite summary — not a single reported case. This entry distils a settled line of Thai Supreme Court (Dika / ฎีกา) authority for legal education. It is not a transcript of one reported judgment, and the heading is not a citable case number. Do not cite it as specific case law — consult a Thai-qualified lawyer for the authoritative Dika number and current application.
Facts
Defendant posted online statement alleging financial wrongdoing by a private individual; prosecutor charged under both Penal Code §326 and Computer Crime Act §14(1).
Legal Issue
Interaction of Penal Code defamation with Computer Crime Act §14(1) (false information damaging others), particularly after 2017 amendment.
Holding
Supreme Court line distinguishes §14(1) from ordinary defamation: §14(1) requires concrete falsity (not mere defamatory opinion) and demonstrable damage; pure-defamation cases should be prosecuted under §326-328.
Reasoning
2017 amendment narrowed §14(1) to true 'false information' cases to avoid over-criminalising opinion; harmonisation with defamation regime.
Significance
Limits over-broad application of §14(1); guides prosecutors and defence.
Practical Takeaway
§14(1) requires concrete falsity + concrete damage; pure opinion is not §14(1) — defamation regime applies.
Cited Statutes
- Computer Crime Act B.E. 2550 §14(1)
- Penal Code §326-328
This entry summarises a representative line of authority from the Thai Supreme Court (ฎีกา). It is intended for general legal education only and is not a substitute for advice from a Thai-qualified lawyer. Individual Dika case numbers are being verified against primary sources; until then these entries are presented as composite doctrinal summaries.
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