Section 331 — Court statements privilege
English translation
A party to a case, or the lawyer of a party, who expresses any opinion or statement in the proceedings of a case in court for the benefit of the party's own case, is not guilty of defamation.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 331 grants an exemption from criminal defamation for statements made in litigation. Its elements are: the speaker is a party or a party's lawyer; the statement or opinion is made in the proceedings of a case in court; and it is made for the benefit of the speaker's own case. This is a form of privilege for advocacy: parties and their lawyers must be able to state their case, including allegations against the other side, without fear of a defamation charge. The privilege is confined to what is said in court proceedings and tied to the purpose of benefiting the case, so statements made outside proceedings or unrelated to the case are not protected. It sits alongside the good-faith exemptions in Section 329, and a defamation suit brought over statements clearly within Section 331 may itself amount to a misuse of the right of action.
Why this matters in practice
This section is a strong shield for litigants and advocates: allegations that are part of pleadings or argument for the benefit of one's case cannot found a defamation charge. Conversely, if you are considering suing over statements made in another case, Section 331 will usually bar the claim, and pressing on may expose you to a counterclaim for wrongful or bad-faith litigation. The protection is not unlimited: it does not cover statements made outside the proceedings, to the media, or with no genuine connection to the case. Careful drafting keeps allegations within the proceedings and tied to the issues.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 826/2564 (2021)
Statements made by a party or a party's lawyer in court proceedings for the benefit of their own case are not defamation under Section 331; a legal professional who knows this yet sues over such statements misuses the right of action to the harm of others.
Allegations in a civil complaint supporting the annulment of a juristic act were held to be statements by a party in court proceedings for the benefit of the case under Section 331, and so not defamation. The defendant, being a legal professional, was taken to know the plaintiff's conduct had no basis as defamation.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Can I be sued for defamation for what I say in court?
No, if you are a party or a party's lawyer and the statement is made in the court proceedings for the benefit of your case. Section 331 exempts such statements from defamation liability.
Does the privilege cover statements made to the press about a case?
No. Section 331 protects only statements made in the court proceedings for the benefit of the case. Comments made outside proceedings, such as to the media, are not covered.