What Is Defamation under Thai Law?

Last updated 26 September 2026 (B.E. 2569)

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Under Thai law, defamation is imputing a matter about another person to a third person in a manner likely to impair that person’s reputation or expose them to hatred or scorn, as defined in Section 326 of the Criminal Code. The essence of the offense is therefore not how harsh the words are, but whether a statement of fact about an identifiable person was communicated to someone else.

The elements of defamation

The offense of defamation under Section 326 of the Criminal Code arises only when three elements are present together: an imputation of fact about an identifiable person, communication of that statement to a third person, and a statement of a kind likely to impair the reputation of the person concerned or expose them to hatred or scorn. Saying something to the person alone therefore does not satisfy the second element.

Defamation under Section 326 of the Criminal Code consists of essential elements, all of which must be present before the conduct amounts to an offense.¹

• Imputing a matter about another person — a statement of fact about an identifiable person, not merely abuse or a vague expression of feeling
• To a third person — the statement reaches someone other than the injured person; words spoken to the person alone generally do not satisfy this element
• In a manner likely to impair reputation — the statement is of a kind likely to impair that person’s reputation or expose them to hatred or scorn

Defamation by publication (Section 328)

Section 328 does not create a new offense. It is the aggravated form of Section 326 that applies when the imputation is made by publication: by means of a document, a picture, letters made visible by any means, the broadcasting of sound or images, or propagation by any other means. The penalty then rises to imprisonment not exceeding two years and a fine not exceeding two hundred thousand baht.

Where the imputation is made by publication, for example in a document, in print, in a picture or a sound recording, or on online media open to the public, the law provides a heavier penalty than for ordinary defamation, because the statement reaches many people and can cause wider damage.²

Defenses and proof of truth

The law provides two distinct routes with different consequences. Section 329 exempts from liability an opinion or statement expressed in good faith in the cases it lists, whereas Section 330 only provides exemption from punishment where the statement is proved to be true, and it bars such proof where the imputation concerns a personal matter and proving it would not benefit the public.

Opinion or statement expressed in good faith (Section 329)

An opinion or statement expressed in good faith within the limits the law sets, such as by way of self-justification or defense or for the protection of a legitimate interest, by way of fair comment on any person or thing subjected to public criticism, or by way of fair report of the open proceedings of a court or a meeting, is not defamation.³

Fair comment under Section 329 (3) is invoked most often for reviews of goods and services. See the article Are negative online reviews defamation?

Proof of truth (Section 330)

In some cases, if the accused person can prove that the statement is true, they may not be punished. The law, however, does not allow such proof where the matter is personal and proving it would not benefit the public. “The truth” is therefore not always a shield.⁴

Civil liability and compensation

Civil liability runs in parallel with criminal liability and is independent of it. The injured person may claim compensation under the general law of wrongful acts (tort) in Section 420 of the Civil and Commercial Code, and under Section 423, which covers asserting or circulating a statement contrary to the truth that is injurious to another person’s reputation or earnings.

In addition to the criminal offense, the injured person may claim civil compensation under Section 420 of the Civil and Commercial Code (the general principle of liability for wrongful acts) and Section 423, which deals with asserting or circulating a statement contrary to the truth that is injurious to the reputation or earnings of another person.⁵

A compoundable offense

Section 333 makes the offenses in the defamation chapter compoundable offenses. In practice this means that the injured person must lodge a criminal complaint within three months from the day they learn of the offense and the identity of the offender, under Section 96; otherwise the right to bring the criminal case is extinguished. The parties may also settle the case by compounding before the judgment becomes final.

Because defamation is a compoundable offense, the injured person must lodge a complaint or take action within the time the law allows, generally within three months from the day they learn of the offense and the identity of the offender. Seeking advice early therefore matters, so that no rights are lost.⁶

When the three-month period starts to run, what the courts accept as a valid complaint, and bringing a private prosecution directly in court are analyzed together with Supreme Court judgments in the article Defamed online: can you file a police complaint, and within how many months? (Thai).