Thailand Law Library

by Thailand Lawyer

Chapter 3: Offence of Defamation

Whoever, imputes anything to the other person before a third person in a manner likely to impair the reputation of such other person or to expose such other person to be hated or scorned, is said to commit defamation, and shall be punished with imprisonment not exceeding one year or fined not exceeding twenty thousand Baht, or both.

Whoever, imputing anything the deceased person before the third person, and that imputation to be likely to impair the reputation of the father, mother, spouse or child of the deceased or to expose that person hated or scammed to be said to commit defamation, and shall be punished as prescribed by Section 326.

If the offence of defamation be committed by means of publication of a document, drawing, painting, cinematography film, picture or letters made visible by any means, gramophone record or another recording instruments, recording picture or letters, or by broadcasting or spreading picture, or by propagation by any other means, the offender shall be punished with imprisonment not exceeding two years and fined not exceeding two hundred thousand Baht.

A person, in good faith, expresses any opinion or a statement:

1. By way of self-justification or defense, or for the protection of a legitimate interest;
2. In the status of being an official in the exercise of his functions;
3. By way of fair comment on any person or thing subjected to public criticism; or
4. By way of fair report of the open proceeding of any Court or meeting

shall not be guilty of defamation.

In case of defamation, if the person prosecuted for defamation can prove that the imputation made by him is true, he shall not be punished. But he shall not be allowed to prove if such imputation concerns personal matters, and such proof will not be benefit to the public.

The party in a case or party's lawyer expressing opinion or statement in the proceeding of the Court in favor of his case shall not be offence of defamation.

In case of defamation in which judgment is given that the accused is guilty, the Court may give order:

1. To seize and destroy the defamatory matter or part thereof;
2. To publish the whole or part of the judgment in one or more newspapers once or several times at the expense of the accused.

The offences in this Chapter are compoundable offences. If the injured person in the defamation dies before making a complaint, the father, mother, spouse or child of the deceased may make a complaint, and it shall be deemed that such person is the injured person.