Section 384: Spreading a false report causing public alarm

Firm annotation

Section 384 protects public tranquillity, and it has three elements: (1) deliberately spreading a false statement, (2) so that it becomes widely known, and (3) causing the public to be alarmed. Each is a limit. The statement must be false, so an alarming truth is not an offence however much panic it causes. The alarm must actually result, so a rumour that nobody believes and nobody repeats falls outside the section. And the word “deliberately” is significant beyond its ordinary meaning: Section 104 provides that a petty offence is committed even without intention unless the provision defining it provides otherwise, and this provision does provide otherwise. Section 384 is therefore one of the few petty offences that genuinely requires proof of a deliberate act, and carelessly repeating a false report is not enough. The penalty is up to one month, or a fine of up to 10,000 baht, or both. It is worth distinguishing defamation under Section 326, which protects an individual's reputation and requires an imputation made before a third person: Section 384 needs no identifiable victim at all, only an alarmed public. In practice a false report circulated online will also be examined under Section 14 of the Computer Crime Act B.E. 2550, which carries penalties far heavier than this section. Sections 105 and 106 still exclude attempts and supporters, and Section 95(5) bars prosecution after one year. The current rate was set by Section 6 of the Penal Code Amendment Act (No. 22) B.E. 2558.