Chapter 3
Offence of Defamation
Section 326 Whoever imputes anything of other person to 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, is said to commit defamation, and shall be punished with imprisonment not more than one year or fined not more than twenty thousand baht, or both.
Section 327 Whoever imputes the deceased person to the third person, and that imputation is likely to impair the reputation of the father, mother, spouse or child of the deceased or to expose that person hated or scammed, he is said to commit defamation, and shall be punished as prescribed by section 326.
Section 328 If the offence of defamation is committed by publication of a document, drawing, painting, movie, picture or letters made visible by any means, gramophone record or any other recording instruments, recording picture or letters, or by broadcasting or spreading picture, or by propagation by any other means, the offender shall be punished with imprisonment not more than two years and fined not more than two hundred thousand baht.
Section 329 Whoever expresses any opinion or statement in good faith;
- For self-justification or defense, or for the protection of a legitimate interest
- In the status of being an official in exercise of his duty
- For fair comment on any person or thing subjected to public criticism, or
- For fair report of the open proceeding of any Court or meeting
He shall not be guilty of defamation.
Section 330 In case of defamation, if the person prosecuted for defamation can prove that the imputation made by him is true, he shall not be punished.
But he shall not be allowed to prove if such imputation concerns personal matters, and such proof ill not be benefit to the public.
Section 331 The party in a case or party's lawyer expressing opinion or statement in the proceeding of the Court in favor of his case shall not be considered as offence of defamation.
Section 332 In case of defamation in which judgment is given that the accused is guilty, the Court may give order:
- To seize and destroy the defamatory matter or part of it
- To publish the whole or part of the judgment in one or more newspaper once or several times at the expense of the accused.
Section 333 The offences in this Chapter are compoundable offences.
If the injured person in the defamation dies before making a complaint, the father, mother, spouse or child of the deceased may make a complaint, and it shall be deemed that such person is the injured person.
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