Sued for Defamation Over a Facebook Post in Thailand: How Much Can They Claim?

Defamation law and social media in Thailand

Executive Summary

Posting words or images that damage another person's reputation on social media is "defamation by publication" under Thai Penal Code Section 328, punishable by up to 2 years in prison. Even posting something true can still be unlawful, and even without naming the person, if ordinary readers can identify who is meant, the offence is complete.

Venting by posting insults or shaming someone on Facebook, X, or TikTok may feel satisfying for a moment, but the legal consequences can leave you with a criminal record and the loss of hundreds of thousands — even millions — of baht.

What kind of post is unlawful?

Posting text, images, or video clips that damage another person’s reputation, expose them to contempt, or make them hated by society fits the elements of “defamation by publication” under Penal Code Section 328, which carries up to 2 years’ imprisonment and a fine of up to 200,000 baht.

Telling the truth can still be an offence

A common mistake is believing “the truth is never defamation.” Legally, even if what you post is true, if it concerns a private matter — such as an affair or a private debt — and serves no public benefit, you can still be liable.

Not naming the person does not make it safe

Even using initials, hints, or a censored photo, if a reasonable reader can immediately know and connect it to a particular person, the offence of defamation is complete. If you are the victim of such shaming, taking a screenshot and recording the URL immediately is your single most important piece of evidence.

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