Section 134 — Insulting a foreign State's flag
English translation
Whoever insults the flag or any other emblem used to represent a foreign State having friendly relations shall be liable to imprisonment not exceeding two years, or a fine not exceeding forty 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 134 belongs to the Title on Offences against Friendly Relations with Foreign States. Its elements are: an act of insult (ดูหมิ่น), directed at a flag or other emblem, that stands for a foreign State currently having friendly relations with Thailand. It parallels Section 133, which protects the foreign State's accredited representative, by instead protecting the State's symbols. Like the other offences in Sections 130 to 134, it can be prosecuted only under the condition set by Section 135, namely a request by the foreign government and a reciprocal arrangement.
Why this matters in practice
Exposure is up to two years' imprisonment, lower than Section 133 because the target is a symbol rather than a person. The decisive practical gate remains Section 135: without a formal request from the foreign government and reciprocity, no prosecution can go forward. A private complainant reacting to a perceived insult of a foreign flag therefore has no independent standing to drive the case. Be aware that many decisions bearing the citation Section 134 in fact refer to Section 134 of the Criminal Procedure Code, which governs the charging of suspects, an unrelated provision.
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 authority from the injured party cannot prosecute the friendly-relations offences charged together under Sections 133 to 135.
A cultural attache of the Iranian embassy sued a newspaper owner over material published about the head of the Islamic Republic of Iran, invoking Sections 133, 134 and 135. The courts dismissed the case for want of standing, holding that the plaintiff was neither the injured party nor authorized by the injured party 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 for insulting a foreign flag under Section 134?
Imprisonment not exceeding two years, or a fine not exceeding 40,000 baht, or both.
Does the flag's State have to have friendly relations with Thailand?
Yes. The offence protects only the flag or emblem of a foreign State that currently has friendly relations with Thailand.
Can anyone report a Section 134 offence?
Prosecution requires the foreign government's request and a reciprocal arrangement under Section 135, so a private complaint alone cannot advance the case.