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Criminal Defamation in Thailand
Making statements that damage another person's reputation, punishable by imprisonment.
Criminal Code Sections 326-328
Up to 2 years imprisonment and/or fine up to 200,000 THB
moderate
Definition
Making statements that damage another person's reputation, punishable by imprisonment. Under Thai law, this offence is classified as a moderate offence within the category of Defamation Offences.
Legal Basis
Criminal Code Sections 326-328
Primary legislative provision for criminal defamation offences.
Elements of the Offence
For a conviction, the prosecution must prove all of the following elements beyond reasonable doubt:
Statement alleging fact (not mere opinion)
Publication to at least one third party
Statement identifies or is understood to refer to complainant
Statement damages reputation of complainant
Penalties
Maximum Penalty
Up to 2 years imprisonment and/or fine up to 200,000 THB
Actual sentences depend on factors including the severity of the conduct, harm caused, prior convictions, and mitigating circumstances. Courts have discretion to impose lesser sentences within the statutory range.
Possible Defences
The following defences may be available depending on the circumstances:
Truth, if in public interest to publish
Fair comment on matters of public interest
Privileged occasions (court proceedings, legislative debates)
Good faith expression of opinion
Note: The availability of defences depends on specific facts. Professional legal advice is essential.
For Foreigners
Special Considerations for Foreign Nationals
Criminal defamation cases against foreigners are common in business and personal disputes. Conviction can result in imprisonment before deportation.
When Legal Representation Matters
If you are accused of criminal defamation or facing investigation, immediate legal representation is essential to protect your rights and build an effective defence.
Anglo Siam Legal provides experienced legal services across Thailand for both Thai nationals and foreigners.
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