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How to Deal with Online Defamation in Thailand: Legal Framework, Consequences, and Enforcement

In the digital age, online defamation has become an increasing concern worldwide, including in Thailand. Businesses, professionals, and individuals often find themselves targeted by false and damaging statements posted online. Thailand has strict defamation laws, and those who engage in online defamation can face severe legal consequences, including imprisonment, fines, and even deportation for foreigners.

This article explores the legal framework surrounding online defamation in Thailand, details the penalties imposed on offenders, and outlines the legal remedies available for victims. Pimlegal, a leading law firm in Bangkok specializing in online law and e-reputation management, provides expert legal support to combat defamatory statements effectively. For these kinds of cases, Pimlegal can help you as we know all the processes and have almost a 100% success rate, making us very confident in achieving the best possible outcome for our clients. Furthermore, we have extensive connections and a strong network that allow us to fast-track cases in emergency situations, ensuring that those responsible for defamation face swift legal consequences and punishment.

Understanding Online Defamation Under Thai Law

Thailand has a stringent legal framework governing defamation, particularly when it occurs online. The two primary laws that apply are the Thai Criminal Code, specifically Sections 326-333, which governs general defamation, including spoken and written statements, and the Computer Crime Act B.E. 2550 (2007) and its amendment B.E. 2560 (2017), which covers defamation committed through electronic means, such as social media, blogs, websites, or email. Understanding these laws is essential for those who wish to pursue legal action against online defamation.

Defamation Under the Thai Criminal Code

Section 326 of the Thai Criminal Code defines defamation as the act of imputing something to another person before a third party in a manner likely to impair that person’s reputation or expose them to hatred or contempt. This law applies to both oral and written statements, including spoken words, written statements, gestures, or other visible means of expression. The criminal penalties for defamation under Thai law are severe. According to Sections 326 and 328, a person found guilty of defamation can face up to one year in prison and a fine of up to 20,000 THB. If the defamation occurs in a public forum, such as a newspaper or website, the penalty can increase significantly to up to two years in prison and a fine of up to 200,000 THB.

Defamation against public figures or businesses is also covered under Section 327, which stipulates that defamatory statements targeting businesses, public figures, or institutions can result in higher penalties. If the defamatory act results in financial losses or reputational damage, the court may impose additional compensation to be paid to the victim. Businesses that are victims of defamation may suffer immense financial losses, and Thai law provides them with avenues to seek justice and compensation.

Online Defamation Under the Computer Crime Act

Online defamation refers to false and damaging statements published on various digital platforms such as social media platforms, review websites, blogs and forums, YouTube videos, and other digital media. Section 14 of the Computer Crime Act states that any person who enters false information into a computer system in a manner that causes damage to others or results in harm to public security can face severe legal consequences. The penalties for online defamation under the Computer Crime Act include up to five years in prison and a fine of up to 100,000 THB. Moreover, under Section 16, if the defamatory content is manipulated, such as edited photos, videos, or deepfake technology, the penalty can be doubled. This provision reflects Thailand’s strong stance against the misuse of digital platforms to spread false information.

What Happens to Those Who Commit Online Defamation?

Thailand takes defamation very seriously, and offenders can face significant repercussions. If convicted of defamation, the offender receives a criminal record, which may affect their employment and travel opportunities. Severe cases of defamation, particularly those involving false allegations against businesses or government institutions, can result in up to five years in prison. Foreigners convicted of online defamation may face deportation from Thailand and a permanent ban from re-entering the country. Additionally, the Thai government has the authority to revoke or suspend work permits and confiscate passports for foreigners engaged in online defamation. These penalties emphasize the seriousness of online defamation in Thailand and serve as a strong deterrent against such actions. With Pimlegal’s established connections and network within the Thai legal system, we ensure that defamation offenders are dealt with efficiently and punished as quickly as possible.

How to Take Legal Action Against Online Defamation

Victims of online defamation should collect all relevant evidence, including screenshots of defamatory posts, URL links to the posts, witness statements if applicable, and evidence of damages caused, such as financial losses or reputational damage. The next step is to file a police report at the local police station or contact the Technology Crime Suppression Division (TCSD) in Bangkok. Victims can also file a civil lawsuit for damages under the Thai Civil and Commercial Code to claim financial compensation for reputational damage. Additionally, a legal request can be sent to platforms like Facebook, Google, or YouTube to remove defamatory content. Pimlegal assists clients in making official requests under Thai law.

Hiring a lawyer is essential for initiating defamation lawsuits, negotiating settlements, and representing clients in court. Pimlegal provides professional legal assistance to ensure that victims of defamation receive justice. Our team of experts works diligently to gather evidence, build a strong case, and take legal action against those responsible for defamatory statements. We also assist businesses and individuals in navigating the complexities of Thai defamation laws and provide strategic legal counsel to protect their reputation. Pimlegal has an extensive track record of success in handling defamation cases, ensuring that offenders are held accountable and victims receive the justice they deserve. Our ability to fast-track legal proceedings ensures that perpetrators face consequences without unnecessary delays.

Online defamation is a serious offense in Thailand, with strict criminal and civil penalties for offenders, including imprisonment, hefty fines, deportation, and even passport confiscation for foreigners. Victims of defamation have several legal avenues to pursue justice, from police complaints to civil lawsuits. Pimlegal, a premier law firm in Bangkok, specializes in defamation law and e-reputation protection. Our team provides expert legal assistance to combat online defamation, restore reputations, and hold offenders accountable. By taking legal action and implementing preventive measures, individuals and businesses can protect their reputation and mitigate the impact of defamatory statements.

For legal advice on online defamation in Thailand, contact Pimlegal today. Our experienced legal team is ready to provide you with the guidance and support needed to address defamation cases effectively. Pimlegal has extensive knowledge of all legal processes and an almost 100% success rate, making us very confident in delivering the best possible outcome for our clients.