Services · Practice Areas

Legal Services for Defamation and Reputation Protection

From consultation, negotiation, and formal letters through to filing and defending cases. Choose the service that fits your situation, or start with a consultation to assess the facts, the evidence, and the appropriate options before you decide.

Handled by Eksiam Chaisorn, legal consultant, together with the firm’s team of legal consultants and lawyers, covering defamation under the Criminal Code, online defamation, civil claims for compensation, and approaches to reputation disputes for individuals, families, businesses, executives, media, and organizations.¹

01Specialist services · Overview

Our 4 Core Services

Each service starts from a real situation that commonly arises in defamation cases, so that it is clearer where you should begin.

IDefamation Case Consultation
Case-by-case analysis of the statement, its context, the evidence, and the legal options before you decide on a course of actionView details → IIFiling a Defamation Case
Criminal and civil proceedings, covering the criminal complaint, private prosecution, and the preliminary examination, with a candid assessment of likely outcomesView details → IIIDefending a Defamation Case
Planning before you give a statement and preparing defenses based on the grounds of exemption from the offense and proof of truth, for those who have received a summons or been suedView details → IVTake-Down and Apology Demand Letters
A formal notice demanding removal of the post, correction of the statement, or an apology before deciding whether to sue, to limit the damage and open the way to negotiationView details →

ISpecialist service

Defamation Case Consultation

This service suits anyone unsure how to proceed, whether the injured person or the accused person. We analyze the statement, the context of the communication, the evidence, and the legal options case by case before choosing whether to negotiate, send a formal letter, or bring proceedings.

Assessing whether the statement at issue amounts to the offense of defamation
Considering who received the statement, the channel of publication, and the surrounding context
Checking the completeness of the existing evidence
Proposing options suited to each party’s goals and relationship

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IISpecialist service

Filing a Defamation Case

Criminal proceedings under Sections 326–333 of the Criminal Code and civil proceedings for compensation under Sections 420 and 423 of the Civil and Commercial Code, covering the criminal complaint, private prosecution, and the preliminary examination, with a candid assessment of the possible outcomes.²

Summary of the provisions — Criminal Code, Sections 326 and 328 Imputing a matter about another person to a third person in a manner likely to impair that person’s reputation or expose them to contempt or hatred constitutes the offense of defamation, and if it is committed by means of publication, for example in print or electronic media, the heavier penalty under Section 328 applies.³

Examining the elements of the offense and the evidence before filing
Choosing between lodging a criminal complaint with the inquiry official and private prosecution
Preparing the case for the preliminary examination in criminal proceedings
Assessing and calculating compensation for damage to reputation in civil cases

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IIISpecialist service

Defending a Defamation Case

For those who have received a summons or been sued for defamation, we help plan your approach before you give a statement to the inquiry official, and prepare defenses based on the grounds of exemption from the offense, such as expression of opinion or statement in good faith (Section 329) and proof of truth (Section 330).⁴

Summary of the provisions — Criminal Code, Sections 329 and 330 A person who expresses an opinion or statement in good faith within the limits set by law does not commit defamation, and in some cases, if the accused person proves that the statement is true, they may not be punished, unless the matter is a private one whose proof would not benefit the public.⁴

Reviewing the allegations and the other side’s evidence
Planning before you give a statement, so as not to harm your own case
Assessing the prospects of the good-faith and proof-of-truth defenses
Considering options for settling the dispute alongside defending the case

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IVSpecialist service

Take-Down and Apology Demand Letters

In many cases, a formal notice demanding removal of the post, correction of the statement, or an apology limits the damage and preserves long-term relationships better than suing straight away, and it opens the way to negotiation before court proceedings begin.

Drafting a clear formal notice setting out the facts, the legal basis, and the action required
Setting the time frame and conditions for removing the post, correcting it, or apologizing
Planning a fallback if the other side does not comply with the letter
Coordinating the communications approach alongside the legal action

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02Which service to start with · Where to Start

If you are not yet sure whether your situation amounts to defamation, we recommend starting with Defamation Case Consultation so that the team can assess your options first. If the evidence is clear and you want to take action against the person who posted, you may consider Take-Down and Apology Demand Letters before deciding on Filing a Defamation Case. If you have already received a summons or been sued, we recommend Defending a Defamation Case before you give a statement.

If you are looking for a defamation legal consultant or lawyer, the services above are a good starting point. Every service is handled by the firm’s team of legal consultants and lawyers, working under Eksiam Chaisorn, legal consultant.

03Frequently asked questions · FAQ

Frequently Asked Questions

Is online defamation always a case under the Computer-related Crime Act?

Not always. Section 14 (1) of the Computer-related Crime Act contains an exclusion: “which is not an offense of defamation under the Criminal Code” (unofficial translation). Online defamation must therefore be assessed case by case; it is not automatically an offense under the Computer-related Crime Act.⁵

How should evidence be preserved in an online defamation case?

Take screenshots that clearly show the statement, the person who posted it, the date and time, and the web address (URL), and preserve the original message and the file metadata. Avoid editing anything or responding in a way that could harm your own case. Consulting a legal consultant early helps you collect evidence that goes to the real issues.

How does a criminal case differ from a civil case?

A criminal case seeks to have the offender punished under Sections 326–333 of the Criminal Code, while a civil case seeks compensation for damage to reputation under Sections 420 and 423 of the Civil and Commercial Code. Both routes can be pursued in parallel where appropriate to the matter.

Is there a time limit for taking action in a defamation case?

Defamation is a compoundable offense, so the injured person must lodge a criminal complaint or take action within the time limit prescribed by law, generally within three months from the date of learning of the offense and the identity of the offender. Early consultation is therefore important so that you do not lose your rights.⁶

Can I demand removal of a post or an apology before suing?

Yes. A formal notice demanding removal of the post, correction of the statement, or an apology is an option used before filing suit. It limits the impact on both sides and opens the way to negotiation. If the other side does not comply with the letter, legal proceedings can then be considered.

Is the information I send for consultation confidential?

Yes. The information you send is handled under the duty of client confidentiality and professional ethics. We use it only to assess the options for your matter.

※Footnotes · Legal basis and references

↩ The scope of the services is based on the main legal framework for defamation: the offense of defamation under Sections 326–333 of the Criminal Code and civil liability for wrongful acts against reputation under Sections 420 and 423 of the Civil and Commercial Code.
↩ Civil and Commercial Code, Section 420 (the general rule on wrongful acts) and Section 423 (asserting or circulating as a fact a statement contrary to the truth that is injurious to the reputation of another or to their earnings or prosperity).
↩ Criminal Code, Section 326 (defamation) and Section 328 (defamation by publication) — the wording in the “Summary” box summarizes the substance for ease of understanding and is not a verbatim quotation of the statute. For the exact statutory wording, please verify against the current Code.
↩ Criminal Code, Section 329 (expression of opinion or statement in good faith as a ground of exemption from the offense) and Section 330 (proof of truth, including the exception for private matters whose proof would not benefit the public) — a summary of the substance for ease of understanding.
↩ Computer-related Crime Act B.E. 2550 (2007), as amended by the Computer-related Crime Act (No. 2) B.E. 2560 (2017), Section 14 (1), which contains the exclusion “which is not an offense of defamation under the Criminal Code” (unofficial translation).
Thai original: “อันมิใช่การกระทำความผิดฐานหมิ่นประมาทตามประมวลกฎหมายอาญา”
↩ Defamation is a compoundable offense. The time limit for lodging a criminal complaint is governed by Section 96 of the Criminal Code (generally within three months from the date of learning of the offense and the identity of the offender). Its application to each case depends on the specific facts.

04Start a consultation · Get Started

Send Initial Information for an Assessment of Your Options

The team will review your information and contact you to explain the options that fit your facts and evidence before you decide on any action.

Get a Consultation → Read our insights (Thai)

Tel. · +66 81 654 5922 (in Thailand 081 654 5922) · contact@eksiamlegal.com · Consult via LINE

Consult us now · Fastest possible reply

Whichever side of a defamation case you are on, we are ready to listen and help you assess your options

Has someone defamed you or damaged your reputation?

If a post, review, or message has damaged your reputation or your business’s, preserve the evidence before the statement is edited or deleted, and note that a criminal complaint for defamation must be lodged within three months from the date you learned of the offense and of the identity of the offender.

☎ Call 081 654 5922

Has a complaint been filed against you, have you been sued, or are you worried about something you have already posted?

If you have received a summons or a formal notice, or are concerned that something you have already posted could become a case, reviewing the facts and the evidence before you give a statement or negotiate will let you see all of your options.

☎ Call 081 654 5922

Contact the Office

Send the details of your matter directly by email. You may attach supporting documents; there is no form to fill in.

contact@eksiamlegal.com

Consult via LINE Call 081 654 5922

Monday–Friday 09:00–18:00 · Your information is kept confidential