“Defamation is the dissemination of discrediting information that may not necessarily be false, or bringing shame through publication; an act recognized in criminal law as an offense similar to libel, but differing in two key aspects:
Defamation involves the publication of disgraceful facts in print, whereas libel may be committed in print, verbally (publicly), or in writing.
In defamation, the criminal element lies in the act of publication itself, regardless of whether the information is true, while libel is always considered the dissemination of knowingly false information.” — according to Wikipedia.
In this article, we will examine what constitutes defamation in Thailand and which laws regulate this issue.
Criminal Code of Thailand
Defamation is defined as a statement made by a person (hereinafter referred to as the “defamer”) to a third party, attributing something to the victim that may:
- damage the victim’s reputation, or
- expose them to hatred or contempt
Penalties
- Defamation:
- imprisonment for up to 1 year, and/or
- a fine of up to 20,000 THB
- Defamation by publication (documents or images):
- imprisonment for up to 2 years, and/or
- a fine of up to 200,000 THB
Exceptions (No Liability)
A defamer will not be held liable if acting in good faith in the following cases:
- statements made for self-justification, self-defense, or protection of legitimate interests
- statements made by an official performing their duties
- statements that are fair comment on a person or subject subject to public criticism
- statements made as honest testimony in court or public proceedings
Truth as a Defense
If the defamer proves that the statement is true, they are not liable.
However, they are not allowed to prove the truth if:
- the statement concerns the victim’s private life, or
- the proof does not provide public benefit
The burden of proof lies with the defamer.
Additional Court Orders
If the court finds the defendant guilty, it may also order:
- destruction of defamatory materials
- publication of the court’s decision (in full or in part)
- in one or more newspapers
- one or multiple times
- at the expense of the defamer
Legal Remedies for the Victim
A person harmed by defamation has the right to seek protection by:
- 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 in criminal court
Author: Alexandra Agapitova.
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