Defamation in Thailand is taken seriously and can carry both criminal and civil consequences. Statements made verbally, in writing, or online that harm another person’s reputation may expose the speaker or publisher to fines, imprisonment, or liability for damages. This FAQ explains how defamation is defined under Thai law, the penalties involved, available defenses, and how cases—especially those involving social media or online content—are commonly handled in practice.
Defamation is an intentional statement or publication made in a manner likely to cause damage to another person’s reputation. It may take the form of libel (written defamation) or slander (spoken defamation). Section 326 of the Thai Criminal Code defines defamation as follows:
“Whoever imputes anything to another person before a third person in a manner likely to impair the reputation of such other person or to expose such other person to hatred or scorn is said to commit defamation, and shall be punished with imprisonment not exceeding one year or a fine not exceeding twenty thousand Baht, or both.”
In addition to criminal liability, the injured party may also claim compensation through a civil action for damages arising from the defamation.
If the court finds the accused guilty, it may order:
In simple terms, libel refers to written or published defamation, while slander refers to oral defamation, including verbal statements or gestures.
Libel includes defamation made through the publication or dissemination of:
Slander, on the other hand, generally involves spoken statements or expressive gestures that are not fixed in a permanent or published form.
To prove defamation, you generally need to show the following:
The statement must have been shared with at least one person other than you. For example, someone read it online, heard it spoken, or saw it in a post, message, or publication.
It must clearly refer to you, either by name or in a way that people can easily recognize that you are the person being talked about.
Defamation is not about hurt feelings. You must show that the statement is false, not just negative or insulting.
You need to show that the statement damaged your reputation, caused people to think badly of you, or exposed you to ridicule or hatred.
A person is generally not guilty of defamation if they acted honestly and in good faith when:
Yes — truth can be a defense in a defamation case in Thailand. If the accused can prove that the statement made is true, they may not be punished.
However, there is an important limitation. The court may refuse to accept proof of truth as a defense if the statement concerns a purely personal matter and proving it does not serve the public interest. In such cases, even a true statement may still be considered defamatory.
Yes. Re-posting or sharing defamatory content on social media can make you legally responsible, even if you did not create the original post.
Under Thai law, anyone who repeats, shares, or spreads a defamatory statement—whether by re-posting, forwarding, or sharing it online—may be treated the same as the original publisher of the defamatory content and may be sued or prosecuted accordingly.
Simply sharing a post “as is,” adding a comment, or claiming that it came from another source does not automatically protect you from liability.
Defamation can have serious legal consequences, whether online or offline. If you are facing a potential defamation case, have been accused, or want to protect your reputation, our experienced Thai lawyers can guide you through the process and help you understand your rights. Contact Magna Carta todayfor professional legal advice and support.
Disclaimer:
The information on this page is provided for general informational purposes only and does not constitute legal advice. Defamation cases can vary widely based on the facts and circumstances. For advice specific to your situation, please consult a licensed lawyer in Thailand.
Licensed Attorney-At-Law | Licensed Notarial Services Attorney, The Lawyers Council of Thailand
Legal Counselor, Central Juvenile and Family Court
He also has extensive experience in conducting property due diligence and assisting clients with real estate transactions throughout Thailand.
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