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Online Defamation · Product and Service ReviewsA negative review of a shop or product is not an offense simply because it is critical. The dividing line is whether the reviewer imputes facts that are untrue, or expresses an opinion in good faith based on what they actually experienced.
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Key points
A negative review of a shop or product on a website, an app or social media is defamation under Sections 326 and 328 of the Thai Criminal Code when it imputes facts that damage the shop owner’s reputation, but Section 329 (3) protects fair comment made in good faith. Civil liability under Section 423 of the Civil and Commercial Code arises only when the statement is contrary to the truth.
A negative review is defamation under Section 326 of the Criminal Code when the reviewer imputes a matter about the shop owner or the manufacturer to a third person in a manner likely to impair that person’s reputation or expose them to hatred or scorn. A review posted on a website or app that the general public can read is publication by means of written text, so it falls under Section 328, which carries a heavier penalty.
The key element is to “impute”, meaning to assert a fact about an identifiable person. Reviews saying “this shop uses expired ingredients” or “the owner short-changes customers” assert facts that affect the shop owner’s reputation. A review saying “not to my taste, won’t be back” expresses the reviewer’s feelings about the product and does not impute anything to anyone.1
The injured person in a review case may be a natural person who owns the shop or a juristic person that operates the business. A shop named on a review platform already counts as an identifiable person. How the person defamed can be identified without being named is explained in the article Defamation without naming the person, and the general elements of the offense are set out in What is defamation?
Section 329 (3) of the Criminal Code provides that a person who, in good faith, expresses an opinion or statement by way of fair comment on any person or thing subjected to public criticism is not guilty of defamation. Shops, hotels and products offered for sale to the public are things the public may naturally comment on. The conditions that must be met are good faith and fairness.
A condition common to every subsection of Section 329 is that the opinion or statement must be expressed “in good faith” (unofficial translation). A reviewer who actually used the service and describes what they experienced is in a position to claim good faith. A person who has never used the service but writes a negative review to damage a competitor fails this condition from the outset.2
The Supreme Court does not read a review or an article as isolated sentences. Supreme Court Judgment No. 1724/2543 dealt with an article that, by way of comparison, said the plaintiff “might more aptly be called a person hired to teach” and that “the behavior of people of this kind is utterly exasperating” (unofficial translation). The court held that, although some passages were explanations made in reply, “when read as a whole, it cannot be regarded as fair comment” (unofficial translation). The principle drawn from this case applies squarely to reviews: a review that starts with the product and then goes on to mock the shop owner personally risks falling outside Section 329 (3).3
A single review often contains both facts and opinions. A fact is something that can be proved, such as waiting fifty minutes in a queue or receiving the wrong model of a product. An opinion is an evaluation, such as finding something not worth the price. Section 330 of the Criminal Code allows the truth of the matter alleged to be defamatory to be proved, except on personal matters where proving it would not benefit the public.
Section 330, paragraph one, provides that if the person accused can prove that the matter alleged to be defamatory is true, that person shall not be punished. Paragraph two prohibits such proof if the imputation concerns a personal matter and the proof would not benefit the public. The quality of goods and services sold to the public is something other consumers benefit from knowing, so it is not a personal matter under paragraph two, whereas the shop owner’s family life is a personal matter.4
In practice, the burden is one of evidence. A reviewer who asserts facts should keep receipts, photos of the product and their message exchanges with the shop from the day of the incident. Proof of truth is discussed in detail in the article Is posting the truth defamation?
Section 423 of the Civil and Commercial Code requires a person who asserts or circulates as a fact that which is contrary to the truth, and which is injurious to the reputation, credit or earnings of another, to pay compensation, even if they do not know that it is untrue, provided they ought to have known it. A shop can therefore sue for damages over a review when that review is contrary to the truth.
The requirement that sets this apart from a criminal case is “a statement contrary to the truth” (unofficial translation). A truthful review is not a wrongful act under this section, and the words “earnings or prosperity” (unofficial translation) cover business losses, such as a fall in sales after a review is published. Paragraph two exempts a person who passes on information without knowing it to be untrue, if that person or the recipient of the information has a rightful interest in it, for example a warning to fellow members of a consumer group who are about to buy the same product.5
Supreme Court Judgment No. 7055/2539 is an example of comment on a product. A newspaper published a warning that drugs containing caffeine were dangerous and called the plaintiff’s drug “a new pep-up drug” (unofficial translation). The Supreme Court held that the statement “conveyed to the public that there was a risk of harm” (unofficial translation), and that the statement that the drug had come under suspicion as an imitation amphetamine was “raised by way of comparison and was not an assertion” (unofficial translation). It was therefore “not a statement contrary to the facts, and so not a wrongful act against the plaintiff” (unofficial translation).6
Once a review falls under Section 423, the court determines the amount of damages according to the circumstances and the gravity of the wrongful act, and may order the reviewer to restore the shop’s reputation instead of, or together with, damages. The details are in How much can you claim in a defamation suit? (Thai)
Section 14 (1) of the Computer-related Crime Act B.E. 2550 (2007), as amended in B.E. 2560 (2017), punishes dishonestly or deceitfully bringing false computer data into a computer system, provided the act is one “which is not an offense of defamation under the Criminal Code” (unofficial translation). A review that makes an imputation against a shop owner is therefore assessed primarily under the Criminal Code.
This wording separates matters of a person’s reputation from Section 14 (1). Section 14, paragraph two, applies to an act under (1) that is committed “not against the public but against a particular person” (unofficial translation), and makes it a compoundable offense. An example that may fall under Section 14 (1) is a large number of fake reviews created dishonestly to deceive consumers, which is a matter of damage to the public, not of the shop’s reputation.7
The relationship between the Criminal Code and the Computer-related Crime Act in online defamation cases is explained in detail in the article Defamation and Section 14 of the Computer-related Crime Act (Thai)
A shop that believes a review makes a false imputation has three options: respond to the review with facts, report it to the platform under its terms of service, or take legal action. In a criminal case, a criminal complaint must be lodged within three months from the day the injured person learns of the offense and the identity of the offender, under Section 96 of the Criminal Code, and the offense is a compoundable offense.
A factual reply to a review, such as the order date, the steps the shop took and an offer to put things right, often works better with readers of the review than a lawsuit. If the shop intends to take legal action, it must preserve evidence of the review, with the URL and the date and time, before the reviewer deletes it, and it must be careful, because a reply that accuses the reviewer may itself become defamation.8
The steps for lodging a criminal complaint and how the three-month prescription period is counted are covered in the article Filing a police complaint for online defamation (Thai). Reviewers who have had a police complaint filed against them can read about their rights and defenses in Accused of online defamation (Thai)
Reviews that stay within Section 329 (3) of the Criminal Code and Section 423 of the Civil and Commercial Code share three features: they come from the reviewer’s own actual experience, they separate facts that can be proved from opinion, and they address the product or service without extending to the shop owner as a person or to the owner’s private life.
Like Thai law, foreign law separates reviews that express opinions from false statements of fact. England applies sections 1(2) and 3 of the Defamation Act 2013, Germany applies § 193 of the Criminal Code (StGB) and § 824 of the Civil Code (BGB), and the United States applies the Consumer Review Fairness Act, which prohibits contract terms that gag consumers.
England sets a high bar for businesses that sue. Section 1(2) of the Defamation Act 2013 provides that harm to the reputation of a body that trades for profit is not serious harm unless it has caused or is likely to cause the body serious financial loss. Section 3 sets out the defense of honest opinion with three conditions: the statement is an opinion, it indicates the basis of the opinion, and an honest person could have held that opinion on the basis of facts that existed at the time of publication.9
Germany writes this into the statute itself. StGB § 193 provides that “critical judgments of scientific, artistic or commercial achievements” are punishable only insofar as an insult is evident from the form of the statement or the circumstances. BGB § 824 imposes civil liability for asserting or circulating, contrary to the truth, a fact that harms another person’s earnings, and exempts a person passing on information who has a legitimate interest in it. The structure of both paragraphs of § 824 is close to that of Section 423 of the Thai Civil and Commercial Code.10
The United States protects reviewers against contract terms. Under 15 U.S.C. § 45b(b)(1), a provision of a standard form contract that prohibits or restricts reviews, imposes a penalty for posting a review, or compels the transfer of rights in review content is void from the inception of the contract. Paragraph (2), however, preserves civil causes of action for defamation and a website owner’s right to remove reviews that are clearly false or misleading.11
| Legal system | Basis of liability | Defenses or protection for reviewers |
|---|---|---|
| Thailand | Criminal Code, Sections 326 and 328 · Civil and Commercial Code, Section 423 | Fair comment in good faith, Criminal Code, Section 329 (3) · Proof of truth under Section 330 |
| England | Defamation Act 2013, section 1 | A business must prove serious financial loss · Honest opinion under section 3 |
| Germany | StGB §§ 186 and 187 · BGB § 824 | Critical judgments of commercial achievements under StGB § 193 · Legitimate interest under BGB § 824(2) |
| United States | Defamation claims under state law | Standard form contract terms prohibiting reviews are void under 15 U.S.C. § 45b |
For readers in Thailand, the comparison leads to two conclusions. First, every system protects opinions with a factual basis and does not protect false statements of fact, so a review that gives the reasons for its opinion is safer in every system. Second, Thai law does not yet have a provision like 15 U.S.C. § 45b, so a contract term prohibiting customers from posting reviews must be assessed under the general principles of contract law.
Marketing and economics research confirms that reviews have a real effect on sales. Chevalier and Mayzlin (2006) found that one-star reviews affect book sales more than five-star reviews, and Mayzlin, Dover and Chevalier (2014) found evidence that businesses have an incentive to write fake reviews. These findings explain why the law separates opinions expressed in good faith from false statements of fact.
In marketing, Chevalier and Mayzlin studied book sales on Amazon.com and BarnesandNoble.com and found that better reviews lead to higher sales and that “the impact of 1-star reviews is greater than the impact of 5-star reviews.” This finding shows that the harm to earnings under Section 423 caused by negative reviews is real, measurable damage, not merely a matter of the shop owner’s feelings.12
In law and economics, Mayzlin, Dover and Chevalier compared hotel reviews on Expedia, which lets only customers who have actually booked post reviews, with TripAdvisor, which lets anyone post, and found that the neighbors of hotels with a high incentive to post fake reviews have more negative reviews on TripAdvisor. This suggests that some negative reviews come from competitors, not customers. The requirement in Section 329 that an opinion be expressed “in good faith” (unofficial translation) and the requirement in Section 423 of “a statement contrary to the truth” (unofficial translation) therefore serve to separate consumer reviews, which benefit the market, from competitors’ reviews, which distort it.13
Common questions from reviewers and shop owners about negative reviews cover opinions about taste, accusing a shop of cheating, suing under the Computer-related Crime Act, the three-month prescription period under Section 96 of the Criminal Code, and contract terms that prohibit reviews. Each answer cites the relevant provisions directly.
The texts of Sections 96, 326, 328, 329, 330 and 333 of the Criminal Code and Section 14 of the Computer-related Crime Act were checked against the legal database of the Office of the Council of State and comparison sources on 24 and 25 September 2026. Section 423 of the Civil and Commercial Code was checked against legardy.com and the wording used in Supreme Court judgments on 26 September 2026. Supreme Court Judgments Nos. 1724/2543 and 7055/2539 were checked against the Supreme Court judgment database (deka.supremecourt.or.th); foreign statutes were checked against legislation.gov.uk, gesetze-im-internet.de and law.cornell.edu; and academic works were read on nber.org and aeaweb.org. All of these were checked on 26 September 2026.
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