Section 133 — Insulting a foreign State representative
English translation
Whoever commits defamation, insult, or expresses malice toward a representative of a foreign State who has been appointed to the Royal Court shall be liable to imprisonment from six months to five years, or a fine from ten thousand baht to one hundred thousand baht, or both.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 133 sits in the Title on Offences against Friendly Relations with Foreign States. Its elements are: an accredited representative of a foreign State appointed to the Royal Court as the target, and conduct amounting to defamation, insult, or an expression of malice. It elevates the ordinary insult and defamation provisions (Sections 326 and 328) to a State-relations offence carrying a heavier penalty because the protected interest is Thailand's diplomatic relations, not merely private reputation. A companion provision, Section 134, protects the flag and emblems of a friendly State, and Section 135 makes prosecution of Sections 130 to 134 conditional on a request from the foreign government coupled with reciprocity.
Why this matters in practice
Exposure runs up to five years' imprisonment, materially higher than ordinary defamation. The defining practical hurdle is Section 135: an offence under Section 133 can be tried only where the foreign government formally requests prosecution and a reciprocal arrangement exists, so a privately initiated complaint by the diplomat alone will fail on standing, as the Supreme Court confirmed in the 1988 embassy-attache case. Anyone facing such a charge should test whether the target truly held accreditation to the Royal Court and whether the Section 135 conditions were met before the case can proceed. For the general contours of criminal insult and defamation, see defamation laws in Thailand.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 6098/2531 (1988)
A person who is not the injured party and holds no power of attorney from the injured party has no authority to prosecute an offence charged under Section 133.
A cultural attache of the Iranian embassy sued a newspaper owner for publishing defamatory material about the head of the Islamic Republic of Iran, invoking Sections 133, 134, 135, 326 and 328. The lower courts dismissed the case and the Supreme Court agreed, holding that the plaintiff was not the injured party and had received no authority from the injured party, so he had no power to prosecute.
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 the penalty under Section 133?
Imprisonment from six months to five years, or a fine from 10,000 to 100,000 baht, or both.
Can a diplomat file a Section 133 case on their own?
No. Under Section 135, prosecution of Sections 130 to 134 requires a request from the foreign government and a reciprocal arrangement; a diplomat suing alone lacks authority to prosecute.
How does Section 133 differ from ordinary defamation?
It protects Thailand's friendly relations with foreign States, targets an accredited foreign representative, and carries a heavier penalty than the general defamation offence in Section 328.