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Defamation by Advertisement in Thailand
Publishing defamatory statements through advertisements, broadcasting, or mass distribution.
Criminal Code Section 328
Up to 2 years imprisonment and/or fine up to 200,000 THB (enhanced penalties for mass distribution)
serious
Definition
Publishing defamatory statements through advertisements, broadcasting, or mass distribution. Under Thai law, this offence is classified as a serious offence within the category of Defamation Offences.
Legal Basis
Criminal Code Section 328
Primary legislative provision for defamation by advertisement offences.
Elements of the Offence
For a conviction, the prosecution must prove all of the following elements beyond reasonable doubt:
All elements of basic defamation
Publication through advertisement, document distribution, or broadcasting
Wider dissemination than private communication
Penalties
Maximum Penalty
Up to 2 years imprisonment and/or fine up to 200,000 THB (enhanced penalties for mass distribution)
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:
Same defences as basic defamation
Publisher's defence (for intermediaries)
Correction and apology (mitigation)
Note: The availability of defences depends on specific facts. Professional legal advice is essential.
For Foreigners
Special Considerations for Foreign Nationals
International media publishing in Thailand should be aware that Thai courts have jurisdiction over content accessible in Thailand.
When Legal Representation Matters
If you are accused of defamation by advertisement 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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