Thailand Criminal Defamation: Why Negative Reviews Can Send You to Prison

The Fundamental Difference: Criminal vs. Civil Defamation

In most Western legal systems, defamation is a civil matter. If someone defames you, you can sue for monetary damages. The defendant might lose money, but they will not go to prison. Thailand is fundamentally different.

This creates a dramatically different risk profile for foreigners. Activities that might result in a nasty letter from a lawyer in California or London can result in arrest, criminal prosecution, and imprisonment in Thailand. The complainant does not need to prove monetary damages; they need only convince the court that their reputation was harmed.

Why This Catches Foreigners Off Guard

Most foreigners arrive in Thailand with assumptions shaped by their home legal systems:

• They assume negative reviews are protected speech
• They believe truth is an absolute defense to defamation claims
• They think civil remedies (money) are the maximum consequence
• They assume police will not get involved in what seems like a private dispute

All of these assumptions are wrong under Thai law.

The Relevant Statutes: Penal Code Sections 326-333

Thailand's defamation laws are found in the Thai Penal Code, specifically Sections 326 through 333. Understanding these provisions is essential for anyone who might criticize a person or business in Thailand.

Section 326: Basic Defamation

The key elements are:

• Imputation: Making a statement about someone
• Third party: The statement must be communicated to at least one other person
• Reputation harm: The statement is likely to damage reputation or cause hatred/contempt

Section 328: Defamation by Publication

This section is critical for online speech. Any written or broadcast defamation including social media posts, blog entries, online reviews, videos, podcasts, or any other published medium falls under Section 328, which doubles the maximum imprisonment to two years and increases the maximum fine tenfold.

Section 329: Exceptions (Limited)

Section 329 provides limited exceptions to defamation liability:

• Expression of opinion or statement in good faith for self-justification or protection of legitimate interests
• Fair comment on public matters
• Fair comment on court proceedings made in good faith

However, these exceptions are narrowly interpreted and rarely protect foreigners making complaints about businesses or individuals.

Truth Is NOT a Complete Defense

This is the single most important concept for foreigners to understand. In many Western jurisdictions, truth is an absolute defense to defamation. If what you said is true, you cannot be found liable for defamation. Thai law is different.

What This Means in Practice

Consider a scenario: A foreigner stays at a hotel and has a genuinely terrible experience. The room was dirty, staff was rude, and they were overcharged. All of this is true and can be documented. The foreigner leaves a detailed negative review on Google, describing exactly what happened.

Under Thai law, this review could still constitute criminal defamation because:

• It was published (online), triggering Section 328
• It damages the hotel's reputation
• Even if everything stated is true, it concerns "personal matters" (a private business transaction)
• The court may determine that public interest does not require this information to be published

This does not mean all negative reviews result in prosecution, but it means truthfulness alone does not guarantee protection.

Common Scenarios That Get Foreigners in Trouble

Understanding how defamation complaints typically arise helps foreigners avoid these situations.

Real Cases Involving Foreigners

Defamation cases against foreigners in Thailand are not theoretical; they happen regularly. While specific case details are often not publicly available due to settlement agreements, patterns emerge from news reports and legal community observations.

The Koh Chang Hotel Case (2020-2021)

An American tourist left a negative TripAdvisor review about a Koh Chang hotel, alleging poor service and threatening behavior from staff. The hotel owner filed a criminal defamation complaint. The case received international media attention because the tourist faced potential imprisonment over a review. Eventually, the matter was resolved after the tourist issued an apology and the complaint was withdrawn.

Pattern: Tourist Reviews Leading to Complaints

Legal professionals working in Thailand report that complaints against foreign tourists for online reviews are common. Most do not make international news because they are resolved through settlements or apologies before trial. However, the pattern is clear:

• Complaint filed with local police
• Police investigate and may issue summons
• If the foreigner has left Thailand, an arrest warrant may be issued
• If the foreigner returns or is still present, they must respond to the complaint
• Settlement negotiations often follow

Expat Business Owners

Foreign business owners in Thailand are particularly vulnerable because they cannot simply leave the country. Disputes with Thai partners, employees, or competitors can easily escalate to defamation complaints when discussions become public. The power dynamic of criminal prosecution is often used as leverage in business disputes.

How Defamation Complaints Are Filed

Understanding the process helps foreigners recognize when they are facing a serious legal matter.

Filing the Complaint

The complainant (alleged victim) files a complaint at a local police station. They must provide:

• Evidence of the defamatory statement (screenshots, printouts, recordings)
• Identification of the accused (may require investigation if anonymous)
• Statement explaining how their reputation was damaged

Police Investigation

Police will investigate to determine if there is sufficient evidence to proceed. This may include:

• Contacting the accused for their statement
• Gathering additional evidence
• Requesting IP address information for online posts
• Interviewing witnesses

Summons or Arrest

If police believe the complaint has merit, they may:

• Issue a summons requiring the accused to appear at the police station
• In more serious cases, seek an arrest warrant
• If the accused is a foreigner who has left Thailand, an arrest warrant can remain active

Prosecution

If the matter is not resolved at the police level, prosecutors may file charges. Criminal trials in Thailand can take years, during which the accused may face travel restrictions, bail conditions, or detention.

Settlement and Withdrawal Process

Most defamation cases involving foreigners are resolved through settlement rather than trial. Understanding this process is crucial.

Why Settlement Is Common

Thai criminal defamation is a "compoundable offense," meaning the complainant can withdraw the complaint at any time. This creates a strong incentive structure for settlement:

• The complainant often wants an apology and/or compensation more than imprisonment
• The accused wants to avoid criminal prosecution and its uncertainties
• Both parties can often reach resolution faster than court proceedings

Typical Settlement Elements

Negotiation Through Lawyers

Settlement negotiations are best conducted through Thai lawyers. Direct negotiation by the accused can lead to admissions that strengthen the complainant's case if settlement fails. A Thai attorney can:

• Communicate with the complainant's side professionally
• Assess the strength of the complaint
• Negotiate terms without prejudicing the accused's position
• Ensure proper documentation of any settlement
• Verify that the complaint is properly withdrawn

Penalties If Convicted

If a defamation case proceeds to trial and results in conviction, the penalties depend on which section applies.

Courts may impose:

• Imprisonment only
• Fine only
• Both imprisonment and fine
• Suspended sentences (imprisonment waived if conditions met)

For first-time offenders with minor conduct, suspended sentences are possible. However, for foreigners, even a suspended sentence creates immigration problems and may result in deportation and blacklisting.

Practical Advice for Foreigners

If You Receive a Complaint

1. Take it seriously: Do not ignore summons or police contact
2. Contact a lawyer immediately: Thai criminal procedure requires immediate professional guidance
3. Do not leave Thailand: If you are in the country, leaving may convert a manageable situation into an arrest warrant
4. Do not contact the complainant directly: All communication should go through lawyers
5. Preserve evidence: Keep copies of what you posted and any supporting documentation
6. Consider settlement: Most cases are resolved without trial, but terms matter