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Defamation

A reputation can be wrecked in one post, the law offers criminal and civil remedies, while protecting honest fair comment.

Social media makes words travel far and stay forever. Defamation work now runs both ways, protecting the injured, and defending honest critics.

Three questions decide these cases: was it an assertion of fact or mere abuse? Was the victim identifiable? And does an honest-comment exception apply?

What this dispute is, and where it comes from

Being defamed before third parties, social posts and comments, false reviews, workplace rumours, twisted reporting. Defendants are often consumers or media who criticised honestly and got sued for it.

Documents & evidence to gather first

  • Screenshots with URL, date, and time
  • Who liked, shared, or saw the post
  • Evidence identifying the poster
  • Proof of harm, lost sales, lost job
  • Prior exchanges giving the context

How we can help

Prosecuting defamers
Posts, shares, comments preserved, inside the complaint window.
Civil damages
Tort damages plus orders to take the content down.
Defending criticism
Raising honest-comment and public-interest defences.
Negotiated retractions
Apology, clarification, and removal, when faster serves better.

Legal knowledge worth knowing

Penal Code s.326

Imputing facts about another to a third person in a way likely to injure reputation, up to 1 year or a 20,000-baht fine, or both.

Penal Code s.328

Defamation by publication, print, broadcast, online, raises the penalty to 2 years and a 200,000-baht fine.

Penal Code s.329

Good-faith statements, protecting one's interests, fair public comment, fair news reporting, are not offences.

Penal Code s.330

Proven truth excuses punishment, but truth may not be proven where the matter is private and of no public benefit.

CCC s.423

Spreading untrue statements injuring reputation or livelihood grounds civil damages.

Relevant Supreme Court judgment

Supreme Court No. 3546/2558, a newspaper reporting the facts as established by the responsible officials' investigation, and commenting on them in good faith and fairly on a matter of public concern, commits no defamation under Section 329(3) of the Criminal Code, even where parts of the text may lead readers to think the complainant was involved.

Limitation periods and deadlines you cannot miss

  • 3 mthsCriminal complaint, from knowledge of offence and offender
  • 1 yrCivil tort claim, from knowledge (s.448)

The above is a brief summary of legal principles for general knowledge only, not advice on any specific case. Statutes may have been amended and application always turns on the facts. Please verify the current law or consult an attorney before acting.

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