Section 327 — Defamation of a deceased person
English translation
Whoever imputes anything to a deceased person before a third person, where such imputation is likely to cause the father, mother, spouse or child of the deceased to lose reputation, to be insulted or to be hated, commits the offence of defamation, and shall be liable to the punishment provided in Section 326.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 327 extends criminal defamation to imputations against a deceased person. Its distinctive element is that the imputation must be likely to damage the reputation of, or expose to insult or hatred, a defined class of surviving relatives: the father, mother, spouse or child of the deceased. The provision does not protect the reputation of the dead as such; it protects those close survivors, who are the injured persons entitled to complain. Everything else, including the requirement of communication to a third person, follows Section 326, and the punishment is that laid down in Section 326. Section 328 can aggravate the offence where committed by publication, and Section 333 makes it compoundable.
Why this matters in practice
Only the listed relatives (father, mother, spouse or child of the deceased) can be the injured persons, so a more distant relative or the deceased's estate cannot bring the complaint. The claim depends on showing the imputation reflects on those survivors, not merely on the dead person. The offence is compoundable under Section 333 and carries the same exposure as Section 326, or up to two years if published under Section 328. Truth and good-faith defences under Sections 329 and 330 apply as they do to ordinary defamation.
Frequently asked questions
Can you defame a dead person under Thai law?
Section 327 does not protect the reputation of the deceased directly. It makes it an offence where the imputation is likely to harm the reputation of the deceased's father, mother, spouse or child, and those relatives are the injured persons.
Who can file a complaint for defaming a deceased person?
Only the father, mother, spouse or child of the deceased who is affected by the imputation may complain. More distant relatives are not covered by Section 327.