We conclude the topic of defamation with answers to common questions and key takeaways. Legal commentary is provided in Parts One and Two of the articles on defamation.
Do the laws protect foreigners, or only Thai citizens?
Defamation laws apply regardless of citizenship or nationality of both the offender and the victim. The justice system does not distinguish based on the language used by the offender. However, all evidence must be translated into Thai before being submitted to court.
Do Thai citizens have advantages over foreigners in practice?
An advantage exists only if the damage is caused not to an individual, but to:
- the state
- the public
- the economy
In such cases, the offense is considered more serious and the punishment is more severe.
What evidence can be presented in court?
Evidence may include:
- documents
- correspondence
- witness testimony
If the Computer Crimes Act applies (e.g., online publications):
- website posts
- blog entries
- social media pages or groups
These can be presented as:
- screenshots
- along with their translation into Thai
But screenshots can be easily forged. How is authorship proven?
Screenshots from a phone or computer are generally accepted as evidence in defamation cases.
If authenticity is questioned:
- the plaintiff must prove that the statements were made by the defendant
- otherwise, the court may reject the screenshots as evidence
Must defamatory statements be public?
Yes. Defamation involves harm to a person’s reputation in the eyes of others. There must be one or more third parties involved.
If there are no third parties:
- it is considered a personal insult, not defamation
Personal insults (in person or via publication) are punishable as a minor offense:
- imprisonment for up to 1 month, and/or
- a fine of up to 1,000 THB
What if someone constantly sends me insulting or threatening messages?
Threats are also classified as a minor criminal offense, with similar penalties as insults.
The actual punishment depends on:
- the nature of the threat or insult
- the evidence presented
- the circumstances of the case
Can multiple victims file a joint lawsuit?
No. Defamation, insults, and libel committed by one person against multiple victims cannot be combined into a single claim.
Each case is considered personal, and factors such as:
- method of violation
- extent of reputational damage
may differ and affect the court’s decision.
What if both insult and defamation occurred?
If an act falls under multiple provisions of the Criminal Code:
- the court will base its decision on the most serious offense
In this case: defamation.
If several victims file separate claims against one offender, how does the court proceed?
The court issues a separate decision for each claim, taking into account:
- prior convictions of the offender
- ongoing legal proceedings
These factors may lead to harsher penalties.
How subjective are courts in defamation cases?
Defamation cases can be more complex than, for example, disputes over construction delays, where:
- a contract exists
- and a breach is clear
In defamation cases:
- more evidence is often required
- facts may be less straightforward
Both parties have the right to present their case using all lawful means. The court will aim to remain objective when evaluating all evidence.
If a party believes the decision does not reflect the evidence, they may appeal to a higher court.
Important Advice
Before filing a lawsuit, consult an experienced lawyer to assess all possible outcomes.
If the defendant proves their case, you could become the accused in a defamation claim.
Author: Alexandra Agapitova.
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