In today’s digital economy, online reviews have become one of the most influential elements in shaping public perception and consumer decisions. Whether on Google, Facebook, TripAdvisor, LINE SHOPPING, Wongnai, or Pantip, a single bad review—especially one that contains false or misleading information—can have far-reaching consequences. It’s not uncommon for business owners in Thailand to find themselves grappling with the impact of a damaging review, wondering if legal action is a viable path forward.
At our law firm, we frequently receive questions such as: “Can I sue a person who left a bad review?” or “Is it considered defamation if someone posted false information about my business online?” The short answer is yes—you can pursue legal remedies if the review meets the threshold of defamation under Thai law. However, the process is nuanced, and not every negative review qualifies as a defamatory statement.
This article will explore the legal definitions, conditions, and strategies for addressing harmful online reviews, both from a global perspective and more specifically within the legal framework of Thailand.
Understanding Defamation in General
Defamation refers to the act of making false statements about a person or business that result in reputational or financial harm. It can occur in two forms: libel and slander.
Libel refers to defamatory statements made in a permanent form—typically written, such as in online reviews, blog posts, or published articles.
Slander involves defamatory statements expressed in a transitory form—typically spoken, such as verbal accusations made during an interview or broadcast.
Online reviews clearly fall into the category of libel when the review contains false, harmful, and publicly visible statements. The challenge lies in proving that these statements are false, were published with malicious intent or negligence, and have caused real harm to the business or individual.
Legal Definition of Defamation Under Thai Law
Thailand has a robust defamation framework codified in both civil and criminal law, making it one of the few jurisdictions where defamation can be both a civil wrong and a criminal offense.
The key statutory provisions include:
- Thai Criminal Code, Sections 326 to 333
- Thai Civil and Commercial Code, Section 420 (Tort Law)
- Computer Crimes Act, B.E. 2550 (2007), Section 14(1)
Section 326 – Defamation (General)
“Whoever, imputes anything to another person before a third person in a manner likely to impair that person’s reputation or expose such person to hatred or scorn, is said to commit defamation and shall be punished with imprisonment not exceeding one year or a fine not exceeding 20,000 Baht, or both.”
Section 328 – Defamation by Publication
If the defamation is committed by means of publication, such as writing, drawing, broadcasting, or other publicity, the penalty increases to up to two years in prison and/or a fine of up to 200,000 Baht.
Section 14(1) – Computer Crimes Act
“Inputting false information into a computer system that may cause damage to another person” is a criminal offense, punishable by up to five years in prison and/or a fine of up to 100,000 Baht.
Under Thai law, if someone posts a false review online that damages your business, and it is accessible to the public, it may constitute both criminal defamation and a computer crime. This is especially relevant for platforms like Google Reviews, Facebook, or Pantip, where content is widely disseminated.
When Does a Bad Review Become Defamatory?
Negative feedback, in itself, is not defamation. Consumers are legally entitled to share honest opinions about their experiences. But there is a clear legal distinction between a bad experience and a false accusation.
For a review to be considered defamatory under Thai law, the following conditions generally must be satisfied:
- The review must contain a false statement.
- The review must be accessible to the public.
- The review must cause reputational or financial damage.
- The statement must refer to a specific business or individual.
- The author must act with knowledge or negligence.
Truth as a Defense
In Thailand, truth can be a defense to defamation. However, even truthful statements can sometimes be punishable if they are “not for the public benefit” and are made with the intent to harass or discredit.
Section 330 of the Thai Penal Code states:
“In a defamation case, if the defendant can prove that the statement made is true, the defendant shall not be punished—unless the act concerns private matters and is not in the public interest.”
So, if a customer publicly posts that a therapist at your spa “smells bad,” it may not be defamatory, but if they post, “This spa is running an illegal business,” and it’s untrue, that crosses into defamatory territory.
Legal Procedures in Thailand: Suing for Defamation
If you decide to take legal action for a bad review, there are two main legal routes in Thailand:
1. Criminal Complaint
You may file a complaint with the Royal Thai Police or the Criminal Court under Section 328 of the Penal Code and/or Section 14(1) of the Computer Crimes Act.
The criminal process includes:
- Filing a report or complaint
- Police investigation and evidence collection
- Summoning the accused
- Prosecution by the public prosecutor or by private complaint
- Possible mediation or trial
A successful criminal case may result in imprisonment, fines, or both, but criminal defamation cases are notoriously slow-moving and require strong evidence.
2. Civil Lawsuit for Damages
You can also file a civil lawsuit under Section 420 of the Thai Civil and Commercial Code.
This section reads:
“A person who, willfully or negligently, unlawfully injures the life, body, health, liberty, property, or rights of another person, is bound to compensate them for any damage.”
In civil proceedings, the burden of proof is lighter than in criminal cases, and the goal is to obtain monetary compensation for lost revenue, reputational damage, or emotional distress. Courts may also issue injunctions, such as orders to remove or retract defamatory content.
Practical Case Examples in Thailand
Case 1: False Review Against a Hotel
A tourist in Phuket posted a scathing review online, falsely alleging that a hotel staff member stole valuables from their luggage. The hotel, after filing a police complaint and providing CCTV footage proving the claim was false, pursued both criminal and civil action. The court ruled in favor of the hotel and ordered the reviewer to retract the statement and pay damages.
Case 2: Defamation Against a Spa
A competitor left fake reviews on Google Maps alleging that a Bangkok-based spa was “unlicensed” and “dirty.” Forensic IT analysis revealed the reviewer’s identity and IP address. The spa filed a complaint under the Computer Crimes Act and Section 328, and the reviewer faced criminal charges for defamation and online misinformation.
What You’ll Need to File a Case
For your defamation claim to be credible, you must provide strong supporting documentation:
- A full copy of the review, including screenshots and URLs
- Proof of how the review is false (e.g., CCTV, email records, invoices, signed waivers)
- Evidence that your business suffered reputational or financial loss
- Witness statements or third-party testimonies
- Proof of the identity or IP address of the reviewer (if possible)
- A written legal opinion from a licensed attorney in Thailand
While Thai courts recognize online reviews as legitimate grounds for defamation, the burden of proof is on the plaintiff to show that the statements were false and harmful.
Can You Sue Google or Facebook in Thailand?
No. Under Thai law and international precedent, platforms like Google, Facebook, and TripAdvisor are protected as intermediaries, not content publishers. This mirrors the immunity provided by the U.S. Communications Decency Act, which inspired parts of Thai digital law.
They are not responsible for user-generated content unless they knowingly refuse to remove illegal or defamatory content after being notified.
Instead of suing the platform, your legal team should:
- Report the review using the platform’s complaint or flagging system
- Send a formal cease-and-desist or takedown request
- If necessary, obtain a court order to compel removal of content
Are Reviewers Protected in Thailand?
Thailand does not have First Amendment-style free speech protections like the United States. However, honest opinions and truthful reviews are allowed. Unlike the U.S., Thailand does not have anti-SLAPP (Strategic Lawsuit Against Public Participation) protections, which means lawsuits against false reviewers are more viable here.
However, wrongful lawsuits or intimidation tactics can still be challenged. Thai courts do value fair criticism, especially when related to consumer protection, so pursuing litigation should only be done in genuine cases of defamation—not as a tool to silence feedback.
Alternatives to Legal Action: Handling Reviews Strategically
Lawsuits should be a last resort. In most cases, negative reviews—whether justified or not—can be addressed and diffused through other means. These strategies include:
- Publicly responding in a polite and professional manner
- Offering to resolve the issue directly
- Contacting the platform to remove false content
- Requesting the reviewer to update or delete the post after resolution
- Documenting all interactions for future legal use
A well-crafted response can even build credibility with future clients, showing that your business takes customer service seriously.
For example, a simple response such as:
“We’re sorry to hear about your experience. Please reach out to us directly at [contact details] so we can make things right,”
can go a long way in preserving your online reputation.
Final Thoughts: Should You Sue?
If the review is:
- False
- Publicly accessible
- Specifically referencing your business
- Proven to cause reputational or financial harm
- Written with malicious intent or negligence
…then yes, you may consider pursuing legal action under Thai law.
However, litigation is a complex and often lengthy process. Business owners should always first consider:
- The severity of the review’s impact
- The cost and duration of litigation
- The public perception of suing a customer
In many cases, working with a legal team to issue a warning letter or settlement request can be sufficient to have the review taken down.
If the reviewer continues to act maliciously or if your reputation suffers long-term damage, your legal rights remain protected under both the Thai Penal Code and the Computer Crimes Act. Our law firm stands ready to advise you on the appropriate course of action, including cease-and-desist letters, civil suits, criminal filings, and platform reporting strategies.
DISCLAIMER:
This article is for educational purposes only and does not constitute legal advice. For specific legal guidance on defamation, online reputation management, or bad reviews in Thailand, please consult a qualified Thai attorney. We offer tailored legal consultation for businesses affected by defamation and can represent clients in both criminal and civil defamation cases.