Section 112 — Lese-majeste: defaming the monarch
English translation
Whoever defames, insults or expresses malice against the King, the Queen, the Heir-apparent or the Regent shall be punished with imprisonment of three to fifteen years.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 112, commonly known as the lese-majeste provision, sits within the title on offences against the King, Queen, Heir-apparent and Regent. Unlike Sections 107 to 111, which address physical acts of violence, this section targets expression: defamation (หมิ่นประมาท), insult (ดูหมิ่น) or the expression of malice (อาฆาตมาดร้าย) toward the protected persons. It is structurally similar to ordinary criminal defamation in Sections 326 and 328 but is a distinct, more serious offence with a fixed penalty range of three to fifteen years and no fine alternative. In practice charges are frequently brought together with the Computer Crime Act where the expression is published online.
Why this matters in practice
The penalty exposure is high: three to fifteen years of imprisonment per count, with no fine option, and there is no petty-offence style relief. Where the expression is posted online, a separate charge under the Computer Crime Act often runs alongside, increasing exposure. Because this is a security-of-the-Kingdom offence prosecuted by the State, the practical questions turn on whether the words in fact defame, insult or express malice toward a protected person, and it differs from ordinary criminal defamation in Thailand. Anyone facing such an allegation should obtain specialist criminal counsel immediately.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 8827/2559 (2016)
Expression falling within defamation or insult of the monarch is punishable under Section 112, and a first-instance acquittal can be reversed on appeal into a conviction and prison sentence.
The prosecution charged the defendant under Section 112 together with the Constitution. The court of first instance dismissed the charge, but the Court of Appeal reversed and found the defendant guilty under Section 112, imposing three years imprisonment. The case illustrates that this offence turns on whether the conduct amounts to defamation or insult of the protected person, an assessment on which the trial and appellate courts differed.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
What is Section 112 of the Thai Penal Code?
It is the lese-majeste provision, punishing defamation, insult or the expression of malice against the King, Queen, Heir-apparent or Regent with imprisonment of three to fifteen years.
How is Section 112 different from ordinary defamation?
Ordinary criminal defamation under Sections 326 and 328 protects private persons and allows a fine, while Section 112 protects specific royal figures and carries a fixed three-to-fifteen-year prison term with no fine alternative.
Can Section 112 apply to online posts?
Yes. When the expression is published online, charges under Section 112 are often brought together with the Computer Crime Act, which can add to the penalty exposure.