Section 330: Truth as a defence to defamation
Statutory text (Thai original)
ในกรณีหมิ่นประมาท ถ้าผู้ถูกหาว่ากระทำความผิด พิสูจน์ได้ว่าข้อที่หาว่าเป็นหมิ่นประมาทนั้นเป็นความจริง ผู้นั้นไม่ต้องรับโทษ แต่ห้ามไม่ให้พิสูจน์ ถ้าข้อที่หาว่าเป็นหมิ่นประมาทนั้นเป็นการใส่ความในเรื่องส่วนตัว และการพิสูจน์จะไม่เป็นประโยชน์แก่ประชาชน
English translation
In a case of defamation, where the person accused proves that the imputation alleged to be defamatory is true, that person is not punished.
But proof is not admitted where the imputation alleged to be defamatory concerns a personal matter and the proof would not benefit the public.
ThaiLawOnline translation, written from the Thai original and verified
Firm annotation
Section 330 provides the truth defence to defamation, and it is important to note its limits. Proving the imputation true does not mean the statement was not defamatory; rather, the defendant is exempted from punishment. This makes truth an excuse from penalty, distinct from the good-faith exemptions in Section 329 which negate the offence itself. The second paragraph carves out an important exception: proof is barred where the imputation concerns a purely personal matter and proving it would bring no public benefit. Thus a true but private and gratuitous imputation can still be punished. The distinction between a private matter and one of public concern is often decisive, and the defendant carries the burden of proving truth.
Why this matters in practice
If you intend to run truth as a defence, plan for it early: you carry the burden of proving the imputation, and you must first clear the public-benefit gate, because purely private truths cannot even be proved. Where the imputation concerns matters like extortion or corruption, courts have treated it as a matter of public interest that the defendant is entitled to prove. Truth under Section 330 only removes punishment, so it is often argued together with the good-faith grounds in Section 329, which if successful defeat the offence outright. Because it is fact-intensive, evidence gathering is critical before trial.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 1362/2514 (1971)
A defendant charged with defamation may prove the truth of the imputation to escape punishment under Section 330 where the matter is not purely personal but concerns the public, such as an allegation of extortion or taking bribes.
The defendants had alleged extortion and bribe taking. The appellate court held this was not a personal matter but concerned public peace, so the defendants were entitled to prove the truth under Section 330, and it remanded the case for their evidence to be heard.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Cited in 11 Supreme Court decisions (1960 to 2014)
Selected citing decisions
- Decision 14401/2555 (2012)
- Decision 353-354/2529 (1986)
- Decision 1320/2513 (1970)
- Decision 1010/2503 (1960)
- Decision 1362/2514 (1971)
- Decision 563-565/2508 (1965)
- Decision 16275/2557 (2014)
- Decision 1312/2542 (1999)
This list is selected automatically, weighted towards judgments that turn on this section rather than ones that merely recite it when passing sentence. It has not yet been reviewed by the firm.
Most often cited alongside
Sections that appear in the same judgments as this one most often. The figure is the number of decisions.
Counted across the firm's corpus of 83,652 Supreme Court decisions, 1921 to 2026. The count is complete; the stated year range trims rare outliers so it describes where the citations actually sit. These figures are computed by us and are not official court statistics. How we count these, and what we measured
Frequently asked questions
If what I said is true, can I still be convicted of defamation?
Truth under Section 330 exempts you from punishment, but only if the imputation is not a purely personal matter without public benefit. A true but private and gratuitous statement can still be punished.
Who must prove the truth of the statement?
The defendant carries the burden. Under Section 330 the person charged must prove the imputation is true, and must first show the matter is one the public may benefit from having proved.
Related guides on ThaiLawOnline
Cite this section
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Plain citation
Penal Code, s. 330 (Thailand) -
Academic citation
Penal Code (Thailand), s. 330. ThaiLawOnline, https://www.thailawonline.com/thai-penal-code/section-330/ (accessed 21 August 2026). -
Thai citation
ป.อ. มาตรา 330 -
Permalink
https://www.thailawonline.com/thai-penal-code/section-330/ -
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<blockquote cite="https://www.thailawonline.com/thai-penal-code/section-330/"><p>In a case of defamation, where the person accused proves that the imputation alleged to be defamatory is true, that person is not punished. But proof is not admitted where the imputation alleged to be defamatory concerns a personal matter and the proof would not…</p><footer>Penal Code, s. 330 (Thailand) — <a href="https://www.thailawonline.com/thai-penal-code/section-330/">ThaiLawOnline</a></footer></blockquote>
The Thai text is authoritative. The English is an unofficial translation by ThaiLawOnline, free to reuse with attribution.