Defamation Law. Part Two

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In Part One of this article, we discussed the provisions of the Criminal Code related to defamation. In this part, we will review other applicable laws.

Computer Crime Act

The following actions:

  • posting false information that may harm a specific person, but does not qualify as defamation under the Criminal Code, or
  • distributing such information, or
  • forwarding such information

are punishable by:

  • imprisonment for up to 3 years, and/or
  • a fine of up to 60,000 THB

Publishing in a publicly accessible computer system an image of another person that has been:

  • altered
  • edited
  • or modified

in a way that is likely to cause:

  • personal distress
  • reputational damage
  • insult
  • or humiliation

is punishable by:

  • imprisonment for up to 3 years, and
  • a fine of up to 200,000 THB

The court may also consider as an offense:

  • allowing such content to be posted (e.g., by a group administrator)
  • comments, likes, and reposts

Additional Court Measures

If the defendant is found guilty, the court may also order:

  1. Destruction of all data related to the case
  2. Publication of the court decision (in full or in part) through:
    • electronic media
    • radio
    • television
    • newspapers
    • or other media
      at the expense of the defendant
  3. Other actions at the court’s discretion to compensate for damages caused by the offense

Civil and Commercial Code of Thailand

A defamer who:

  • falsely asserts or spreads information as fact
  • that damages another person’s:
    • reputation
    • credibility
    • income
    • or prosperity

must compensate the victim for any damage caused, even if:

  • they did not know the information was false,
  • but should have known

A person who spreads false information without knowing it is false is not liable only if:

  • they had a legitimate interest in the information (their own or the recipient’s)

Legal Remedies for the Victim

A person harmed by defamation has the right to seek protection by:

  • filing a claim in civil court for damages
  • filing a complaint with the police
    (the police will collect evidence and forward the case to a prosecutor, who decides whether to initiate criminal proceedings)
  • filing a case directly in criminal court

Author: Alexandra Agapitova.
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