Section 326 — Criminal defamation
English translation
Whoever imputes anything to another person before a third person in a manner likely to cause that other person to lose reputation, to be insulted or to be hated, commits the offence of defamation, and shall be liable to imprisonment not exceeding one year or a fine not exceeding twenty 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 326 is the base offence of criminal defamation and the foundation of this chapter. Its elements are: an imputation of a matter to another person; made before a third person; and made in a manner likely to cause that person to lose reputation, to be insulted or to be hated. Communication to at least one third party is essential, which distinguishes defamation from mere insult made only to the target. Section 328 aggravates the offence where it is committed by publication; Sections 329 and 330 provide the good-faith and truth defences; Section 327 extends protection to imputations against the dead; and Section 333 makes the offence compoundable. Thai criminal defamation does not require proof of actual damage, only that the statement is likely to cause it.
Why this matters in practice
Defamation is a private, compoundable offence under Section 333, so it starts with the injured person's complaint and can end in settlement, often with compensation and an apology. Penalty exposure under the base section is up to one year, rising to two years where publication brings Section 328 into play. Truth is not automatically a defence: it must be raised under Section 330 and is barred where the matter is purely personal without public benefit. Good-faith fair comment and the other Section 329 grounds are the most common defences. Foreigners are frequently both complainants and defendants in these cases.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 406/2567 (2024)
Where the prosecution must prove defamatory intent and fails, and the words are an honest, fair comment on a matter of public concern of the kind ordinary people would make, the conduct is protected under Section 329(3) and is not defamation.
The complainant was a senior ministry official. The Supreme Court held the defendant's statements were an honest, fair comment of the kind the public would ordinarily make under Section 329(3), reversed the appellate conviction, and dismissed the case.
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Supreme Court Judgment No. 321/2568 (2025)
Displaying banners with a person's photograph and defamatory wording beside a busy public road shows intent that the public see it and constitutes defamation; the good-faith and self-protection grounds in Section 329(1) and (3) do not apply where lawful legal remedies were available instead.
The defendant put up two large vinyl banners bearing the complainant's image and defamatory wording beside a public highway. The Court found this an imputation likely to damage reputation and rejected the Section 329(1) and (3) defence, since the defendant could have pursued lawful process.
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 counts as defamation under Thai law?
Under Section 326, defamation is imputing something to another person before a third party in a way likely to make them lose reputation or be insulted or hated. The statement must reach at least one third person.
Is truth a defence to defamation in Thailand?
Not automatically. Truth must be raised as a defence under Section 330, and proof is not allowed where the matter is purely personal and proving it would not benefit the public.
Can defamation be settled out of court?
Yes. Defamation is a compoundable offence under Section 333, so it can be settled or the complaint withdrawn, which ends the criminal case.