Defamation in Thailand: How to File Criminal Charges

If someone is currently putting your reputation at risk by spreading false rumors or private information, you can sue them for defamation in Thailand. Whether the false statement was made online or in the real world, you have the right to press criminal charges against the person responsible. As Thai law takes defamation very seriously, including classifying it as a criminal offense, unlike in most Western countries, you can rest assured that these accusations won’t go unanswered. 

Continue reading to learn more about defamation laws in Thailand and what you can do to file a lawsuit for the damages.  

Defamation Law in Thailand

Under Thai law, defamation occurs when someone has made a false statement or shared a rumor about you that’s harmful to your livelihood, career, or social standing. It comes in the form of either libel (a written statement) or slander (a verbal statement), or it can be published online or in print media. Defamation cases are also common between businesses, where one company may accuse a competitor of partaking in illegal activities in an attempt to tarnish their reputation and eliminate the competition. 

Unlike in most other countries, public reputation is regarded as very important in Thailand. As a result, defamation in Thailand is considered a criminal offense, and victims have every right to both press charges and sue someone for the damages caused. Following the Thailand Criminal Code, defamation is punishable in one of two ways:

• If you spread fake and harmful information about someone in the presence of another person, you could face up to a year of imprisonment or a fine of up to 20,000 baht (or both).
• If you make a false statement about someone and publish it online or in print media, you could face up to 2 years in prison and be fined up to 200,000 baht.  

Pressing Criminal Charges for Defamation in Thailand

Taking action against someone for defamation should never be handled alone, especially given the difficulties in navigating Thai law without legal support. All Thai criminal and court procedures are handled in Thai, and there are specific processes that must be followed. So, before you start leveling accusations at anyone, retain the services of a bilingual Thai litigation lawyer who understands Thai defamation law and has experience with foreign clients. 

A qualified lawyer is a must to ensure you have any chance of success, as pressing criminal charges requires fluency in Thai and deep knowledge of the Thai justice system. 

• You must prepare clear evidence of the defamatory act and the harm it caused you. Your lawyer will help you find and prepare this evidence and make sure it’s acceptable under Thai legal standards.
• A lawyer is needed to explore alternative dispute resolution methods, such as mediation. If successful, you can resolve the issue early without spending excess time and money to progress through the court system.
• If the case leads to a trial, you need a lawyer to provide strong representation on your behalf in court. They will argue in your favor in front of the judge, who has sole discretion over the verdict and sentencing, as there are no juries in Thailand.
• As all court procedures are conducted in Thai, you need a bilingual lawyer to communicate with the authorities to avoid miscommunication, which could affect your chances of victory. 
• If you’ve lost the case or you’re dissatisfied with the outcome, your lawyer will work with you to lodge an effective appeal with the appropriate superior court.   

Suing for Defamation in Thailand

If you want to sue someone responsible for spreading such information about you, you can file a civil lawsuit in Thailand. As the plaintiff, you need to provide evidence that the statement caused you significant damage, such as a loss of income, an end to relationships, compromised safety, or anything else that your lawyer could argue caused you real harm. 

After filing the lawsuit, the court will review all evidence to determine your compensation and how the defendant should be punished. If the statement caused extreme harm to you, those accused may also be charged with a criminal offense on top of getting sued. However, the defendant also has the right to dispute the claim made against them in court. 

It’s important to keep in mind that damages are rarely awarded in civil defamation cases in Thailand. If you win, the compensation you receive usually covers only lost income, damaged property, or harm to personal relationships. 

Finding a Good Defamation Lawyer in Thailand

If you want to sue someone for defamation and/or press criminal charges (or if you have been accused of defamation), reach out to Siam Legal for effective representation. We are a full-service law firm in Thailand with over 20 years of experience assisting foreigners in resolving their legal issues. Our civil litigation and criminal defense teams are well-versed in defamation cases and will provide the support you need to seek justice. 

Our litigation team will help you collect strong evidence to support your defamation case, explore mediation as a cost-effective and expedient alternative, and represent you in court if necessary. We also handle all the communication and busywork on your behalf, so you can have peace of mind knowing your case is handled with care. 

Contact Siam Legal today for the highest possible chance at winning your case and protecting your reputation.

Category: Criminal Law