In Which Cases Is Defamation Not Considered a Crime Under the Law?

In the era of social media, expressing opinions, posting, sharing, or criticizing others has become a daily occurrence. However, many times these actions may unknowingly lead to charges of “defamation.” Nevertheless, not every case of speaking negatively about someone is always considered illegal. The Criminal Code, Section 329, clearly provides exceptions where such speech is “not considered a crime” if it falls under the legal provisions.

This article will help you understand the types of cases in which, although the conduct may amount to defamation, it is not considered a crime because it is justified and protected by law.

What is Defamation?

According to Section 326 of the Criminal Code:
“Whoever makes a false statement about another person to a third party in a manner likely to damage that person’s reputation, cause them to be despised or hated, commits the offense of defamation.”

The act of “making a false statement” can occur through spoken words, writing, posting messages online, sending private messages, or any action that causes others to believe negatively about the person, resulting in harm to that individual.

The penalties for defamation range from imprisonment for up to 1 year, a fine of up to 20,000 baht, or both. The penalties may be more severe if the offense is committed publicly (Section 328).

Exceptions: “Not Guilty of Defamation” under Section 329

Even if the statements cause damage to another person, if there is a justifiable reason or the act is protected by law, it is not considered an offense. Clear examples of exceptions under Section 329 include:

1. Opinions or Statements Made in Court
“Any opinion or statement made by a party, lawyer, or witness during judicial proceedings.”
This includes testimonies, witness statements, or factual declarations made in court. If done in good faith, these are not considered defamation—even if the statements damage someone’s reputation.

2. Honest Criticism
“An expression of opinion or criticism made in good faith.”
The law recognizes the following types of criticism as not being offenses if made honestly:

• Criticizing someone’s actions for public benefit
• Criticizing government officials or public office holders
  Criticism made in the capacity of a teacher, instructor, or supervisor
  Criticism of individuals who voluntarily present themselves to the public, such as singers, actors, or politicians
• Expressing opinions on publicly disclosed works such as books, TV shows, songs, or articles

It’s important that these criticisms are made in good faith, not intended to cause harm, and kept within reasonable limits—such as constructive feedback rather than public shaming or insults.

3. Protection of Lawful Rights or Interests
“The act of reporting, expressing opinions, or making allegations to officials so they may carry out their official duties.”
If you file a police report, give information to authorities, or submit a complaint to a government agency in good faith and with supporting evidence, such actions are not considered defamation—even if they involve negative statements about others.

Real-Life Examples of When ‘Speaking Out’ Is Not a Crime

1. An employee posts publicly about an employer who failed to pay wages If the post is made in good faith, with supporting evidence, and without exaggeration or malicious intent, the court may consider it a truthful expression of opinion made for the public benefit.
   
2. A journalist criticizes a politician
   If the information presented is based on verifiable facts and the language used is not excessively insulting or defamatory, it would not be considered an offense.
   
3. Residents file a complaint about government officials 

involved in corruption If the allegations are supported by evidence and reported to the appropriate authority, it is not regarded as defamation under the law.

What to Do If You Are Accused of Defamation?

If you have been accused of defamation and believe that your actions fall within the legal exceptions, you should take the following steps:

1. Gather evidence that shows your intention was in good faith — such as proof of unpaid wages, screenshots, photos, or chat logs that support your claims.
   
2. Avoid posting further responses that might be considered repeated or additional defamatory statements.
   
3. Consult a lawyer immediately to assess whether your actions fall under any legal exceptions and to plan a clear strategy for defending your case.

Defamation Is Not Always a Crime — If Made in Good Faith

Even if you are accused of defamation, your actions may not be considered unlawful if they meet one of the following legal exceptions:

• It was a good-faith critique made in the public interest
• It was a report or accusation made to a public official with authority
• It was an opinion or statement made in court proceedings
• It was an honest opinion made within reasonable limits

These situations are protected under Section 329 of the Thai Criminal Code, which provides exceptions to defamation liability.

If you or someone you know is accused of defamation, do not panic or admit guilt immediately. Instead, consult a defamation lawyer promptly to plan a clear defense strategy and fully protect your rights.

👉 Click here to consult a defamation lawyer.