In Thailand, defamation is a criminal offense under Chapter 3 Sections 326 up to 333 of the Thai Criminal Code. There are two kinds of defamation:
1) Simple defamation (Section 326) — Whoever imputes anything, to the other person before a third person, in a manner likely to impair the reputation of such other person or to expose such other person to be hated or scorned.
2) Libel (Section 328) — If the offense of defamation is committed by means of document publication, drawing, painting, cinematography, film, picture or letters made visible by any means, or any other recording instruments, recording picture or letters, or by broadcasting or spreading picture, or by propagation by any other means.


Penalty for defamation constitutes imprisonment ranging from one year (Section 326) to two years (Section 328). However, the Thai Penal Code stipulates that any person making a statement “in good faith by way of fair comment on any person or thing subjected to public criticism” shall not be guilty of defamation. Moreover, if a defendant can prove to the court that a statement is true, he will not be subjected to punishment for such statement. But the court will not allow proof of truth as a defense if the statement is personal in nature and such proof will not benefit the public.


Civil defamation in Thailand is defined under the Thai Civil and Commercial Code as follows:
“Section 423. A person who, contrary to the truth, asserts or circulates as a fact that which injurious to the reputation or the credit of another or his earnings or prosperity in any other manner, shall compensate the other for any damage arising therefrom, even if he does not know of its untruth, provided he ought to know it.”


“A person who makes a communication the untruth of which is unknown to him, does not thereby render himself liable to make compensation, if he or the receiver of the communication has a rightful interest in it.”
It must be remembered, however, that the claim for damages under Section 448 of the Thai Civil and Commercial Code must be filed within one year from the day of the wrongful act and the person bound to make compensation became known to the injured person, or ten years from the day when the wrongful act was committed.


Burden of Proof and Available Defenses
In Thailand, it is not the duty of the victim or the prosecution that the statement made by the defendant is false. Hence, the burden of proof lies on the defendant to prove that his statements are true. The defense that the defendant did not know his statements to be false is not acceptable in Thailand. Regardless of the truthfulness or falsehood of the statement, once it became a source of an injury which caused damage to the victim, the defendant is liable. Also, although the defendant proves that his statement is true, he still has the burden of proving to the court the propriety of such statement. Nevertheless, the defendant may set up a defense that the statement was made by him in good faith to the person who he believes to be entitled to such information or has interest thereof. Statements made in court by the parties as well as their lawyers do not constitute defamation. Also, expressions of an opinion made in good faith are not considered as defamatory especially so when it is intended to protect legal interest, to comment on actions of an official under official capacity or to provide a fair comment to any person.