Reviewed by ThaiLawOnline, a licensed Thai law firm practising in Thailand since 2006. Thai lawyer of record: Wichuda Atthamethakon, LL.M., Thai Bar Licence 3149/2556.
Last updated on September 5, 2026
Defamation (หมิ่นประมาท, min pramat, covering both libel and slander) is the offence under Sections 326 to 333 of the Thai Criminal Code of imputing something to another person before a third party in a way likely to injure that person’s reputation or expose them to hatred or contempt. Unlike most Western systems, Thailand treats it first as a crime, with a civil claim under Section 423 of the Civil and Commercial Code running alongside. A negative online review, a Facebook post about a landlord or a complaint about a business partner can all produce a police summons.
Table of Contents
The offence, the penalties and the defences
Section 326 is simple defamation, spoken or otherwise, with up to 1 year in prison, a fine of up to 20,000 baht, or both. Section 328 is defamation by publication, which includes documents, images, recordings, broadcasts and, as the courts have held, social media posts; it carries up to 2 years and a fine of up to 200,000 baht. Section 327 protects the reputation of the dead where the statement injures a surviving parent, spouse or child. Truth is not automatically a defence: under Section 330 the accused escapes only by proving the statement true, and even then not where it concerns a personal matter and proof serves no public interest.
Section 329 protects statements made in good faith: in self-defence or to protect a legitimate interest, as a fair comment on a person’s conduct in an official capacity, or as a fair report of court or public proceedings. Section 331 protects parties and lawyers speaking in court. Section 333 makes the whole chapter compoundable, so the injured person must complain within 3 months and can settle at any stage before final judgment.
How a defamation case reaches a foreigner
Two routes exist. The injured person can complain to the police, after which the inquiry official investigates and the public prosecutor decides whether to indict. Or the injured person can hire a lawyer and file a private prosecution directly in court; the court then holds a preliminary hearing on whether there is a case to answer before the accused is summoned. Private prosecutions are common in business disputes because they are fast and put immediate pressure on the other side.
The accused must attend court in person, and cannot leave Thailand without permission once the case is accepted; bail is normally granted in defamation cases. Most cases end with a settlement: an apology, sometimes published, a deletion of the post and a payment, in exchange for withdrawal. The common mistake is to repeat or defend the statement publicly after the summons, which creates fresh counts.
Criminal defamation, civil defamation and the Computer Crime Act
A civil claim under Section 423 seeks damages and can be brought with or without a criminal case; the 1-year tort limitation applies. Since the 2017 amendment, Section 14(1) of the Computer Crime Act applies only to false data entered dishonestly and expressly excludes Criminal Code defamation, so a truthful but damaging post is no longer a computer crime. Complainants still add Computer Crime Act counts where they can, because the Act allows a complaint wherever the post can be read. Lese-majeste is a separate offence with far heavier penalties and none of these defences.
Frequently asked questions
Is defamation a criminal offence in Thailand?
Yes. Sections 326 to 328 of the Criminal Code punish defamation with up to 1 year in prison for a spoken statement and up to 2 years and a 200,000 baht fine for defamation by publication, which includes social media. A civil claim for damages under Section 423 of the Civil and Commercial Code can be brought as well.
Is truth a defence to defamation in Thailand?
Only partly. Under Section 330 the accused avoids punishment by proving the statement true, but not where it concerns a private matter and the proof serves no public benefit. Good-faith statements protected by Section 329, such as fair comment on an official’s conduct, are a separate defence.
Can a foreigner be sued for a bad review in Thailand?
Yes. A business can file a police complaint or a private prosecution over a review that damages its reputation, and the reviewer will be summoned to court. Most such cases are settled by deleting the review, apologising and sometimes paying compensation, after which the complainant withdraws the case because defamation is compoundable.
See also: compoundable offence, Computer Crime Act, lese-majeste, tort, and the guides defamation laws in Thailand and foreigners facing defamation in Thailand.
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