In today’s digital-first world, public opinion is not only shaped by mass media, influencers, or advertising campaigns—it is shaped, in real time, by consumers themselves. With a single click, a customer can post a review that is instantly visible to hundreds, thousands, or even millions of potential clients. Whether positive or negative, these reviews—on platforms such as Google, Facebook, Pantip, Wongnai, LINE SHOPPING, and Tripadvisor—have become a double-edged sword for business owners in Thailand and across the globe.
This freedom of speech, however, carries legal implications. When a negative review crosses the line from opinion into false accusation, it may not only damage a business’s reputation but also amount to a violation of Thailand’s defamation and cybercrime laws. At Pimlegal, we are frequently contacted by business owners who feel trapped—uncertain whether they can or should take legal action against what they believe is an unfair, untrue, and harmful online review. Our role is to help navigate the blurry line between lawful criticism and unlawful defamation.
This article provides a detailed analysis of the legal framework surrounding online reviews in Thailand. We examine when a negative review posted on Google or similar platforms becomes defamatory under Thai law, what legal recourses are available to business owners, and what steps should be taken—both pre-litigation and during legal proceedings—to protect one’s name and commercial interests in the digital space.
Freedom of Speech vs. Defamation: A Legal Balancing Act
Consumers have a right to express dissatisfaction. That right is protected by freedom of expression under many international conventions. However, this right is not absolute. In Thailand, speech that causes reputational damage—especially when that speech is false—can be subject to criminal and civil penalties.
Defamation under Thai law is governed by the Thai Penal Code (Sections 326 to 333) and supplemented by the Computer Crimes Act B.E. 2550 (2007), particularly Section 14(1). Unlike some jurisdictions where defamation is purely a civil matter, Thailand treats it as both a civil wrong and a criminal offense, which underscores the seriousness with which Thai courts regard personal and commercial reputation.
In legal terms, defamation occurs when a person makes a false statement about another person or entity in a way that injures their reputation and is communicated to a third party. For a statement to qualify as defamatory, it must meet four key criteria:
- The statement must be false.
- The statement must be communicated to a third party.
- The statement must be likely to damage the subject’s reputation.
- The subject must be identifiable either directly or indirectly.
In the context of Google reviews, these conditions are often met: the review is posted publicly (meeting the third-party communication requirement), it names the business explicitly (identifiability), and often includes claims that may be interpreted as factual accusations.
Defamation Under the Thai Penal Code
Section 326 of the Thai Penal Code defines defamation broadly:
“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.”
Section 328 elevates the seriousness of defamation when it occurs through publication—such as via a Google review:
“If the offense under Section 326 be committed by means of publication, such as by writing, drawing, painting, cinematography, picture, or letters made visible by any means, sound recording, or by broadcasting or spreading picture or sound, the offender shall be punished with imprisonment not exceeding two years and a fine not exceeding 200,000 Baht, or both.”
That means that if a Google review includes false factual claims—for instance, that a restaurant used expired ingredients or that a spa offered illegal services—the reviewer could face criminal prosecution in Thailand.
False Information on the Internet: The Computer Crimes Act
In addition to the Penal Code, Thai authorities may also pursue charges under the Computer Crimes Act (CCA), Section 14(1), which penalizes the dissemination of false data that causes harm to a third party. This law is often used in conjunction with defamation statutes when the defamatory statement occurs online.
Section 14(1) of the CCA states:
“Any person who input into a computer system false information, in a manner likely to cause damage to a third party, shall be subject to imprisonment not exceeding five years or a fine not exceeding 100,000 Baht, or both.”
This provision is especially relevant in cases of malicious Google reviews, where the reviewer knowingly posts false information. If proven, a review could trigger not only defamation charges under the Penal Code but also cybercrime charges under the CCA.
Civil Remedies for Businesses Harmed by Reviews
In addition to criminal charges, a business affected by a defamatory review may pursue civil damages under Section 420 of the Thai Civil and Commercial Code, which provides:
“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.”
This civil tort law enables businesses to claim financial compensation for provable losses resulting from defamatory statements—such as a documented drop in sales, the cancellation of contracts, or loss of business partnerships. The court may also grant injunctive relief, ordering the removal of defamatory content or the publication of a public retraction or apology.
While criminal charges are pursued through public prosecutors or private complaints in criminal court, civil claims for compensation are filed directly in civil court, where the burden of proof is slightly lower and where reputational damage is often easier to quantify.
Establishing the Elements of a Defamatory Google Review
For a business to succeed in a defamation action stemming from a Google review in Thailand, several elements must be proven:
First, the statement must be demonstrablyfalse. If a customer claims they were overcharged and can provide receipts, or that the staff were rude and recordings show otherwise, the plaintiff can build a case. However, if the review contains subjective language—such as “the service was slow” or “the food wasn’t good”—these are generally considered opinions, not factual allegations.
Second, the statement must have been made publicly. Posting on Google Reviews, Facebook, Pantip, or any publicly visible site satisfies this element.
Third, the subject of the statement (the business) must be identifiable. Even if the business is not named directly, if it is apparent from context (such as the branch location or specific service type), the element is satisfied.
Fourth, the statement must be injurious, meaning it caused reputational harm or economic loss. For example, if potential clients cancel appointments after reading the review, or if competitors use the review to discredit the business in their advertising, this could be used as proof of harm.
Finally, there must be fault—either malice, intent, or gross negligence. A mistaken belief that is honestly held is often not enough to be defamatory under Thai law. However, recklessly ignoring the truth or purposely fabricating claims will support a defamation action.
What Can Businesses Do? Legal and Practical Responses
When a business receives a potentially defamatory Google review, the first instinct is often to respond emotionally or publicly. This can escalate the conflict. At Pimlegal, we advise our clients to act calmly, methodically, and legally.
The first step is documentation. Take clear screenshots of the review, the user profile, and the timestamp. Note any reactions or reposts that may have amplified the review. If the review was deleted, Google’s backend support may still be able to provide an archived version if a request is made through proper legal channels.
Next, assess the content of the review. Is it opinion or fact? Is it false or merely unflattering? Can you prove the statements are untrue? Has it caused demonstrable harm?
If you believe the review meets the legal criteria for defamation, several actions may follow. A cease-and-desist letter can be sent to the reviewer, demanding that they remove the content and cease making defamatory claims. This letter can also serve as evidence of your intent to resolve the matter amicably. In many cases, this step alone results in the removal or modification of the offending review.
If the reviewer refuses to comply, or if the situation is more serious (for example, involving false criminal accusations), then a criminal complaint or civil lawsuit may be appropriate. Our firm often combines both strategies—filing a police report under the Penal Code and Computer Crimes Act while pursuing damages in civil court.
Additionally, businesses may petition Google to remove content that violates its review policy, especially when it includes hate speech, threats, or provably false claims. While Google is not obligated to act on every complaint, court orders from Thai judicial authorities are typically honored, particularly if the legal process has been properly followed.
Case Study: Defamatory Review Impacting a Boutique Hotel in Chiang Mai
A boutique hotel in Chiang Mai received a review on Google Maps accusing the owners of “running scams,” “charging hidden fees,” and “refusing refunds to foreigners.” The reviewer had never actually stayed at the hotel and was later identified as a competitor operating a nearby hostel.
The hotel, with the support of Pimlegal, filed a formal complaint with the Cyber Crime Investigation Bureau, supported by digital forensic evidence and booking records. A defamation claim under Section 328 and a parallel claim under the Computer Crimes Act were filed.
The court ordered the reviewer to remove the review and publish an apology on the same platform. The reviewer also had to pay compensation of 150,000 Baht for reputational damage. Google was compelled to de-index the content following the court’s judgment.
This case illustrates how effective the Thai legal system can be in protecting business owners from malicious, false online attacks—if approached with the right evidence, legal framing, and patience.
Are Platforms Like Google Liable in Thailand?
Under Thai law, intermediary platforms such as Google, Facebook, and TripAdvisor are not directly liable for defamatory content posted by users—unless it can be shown that they were notified of the illegal content and refused to act within a reasonable timeframe. This is in line with Section 15 of the Computer Crimes Act, which provides limited protection to service providers, as long as they are not actively involved in the dissemination of illegal data.
However, once a Thai court order is issued, platforms are typically required to comply with requests for takedown, blocking, or content removal. Pimlegal has successfully petitioned Thai courts for such orders, which were then executed by Google Thailand or its regional legal team.
Final Considerations and Strategic Advice
Pursuing legal action for a negative online review should never be a business owner’s first move. The reputational cost of appearing overly litigious or silencing customers can outweigh the benefits—especially if the review is borderline in terms of legal viability.
However, when the review includes false allegations, accusations of illegal conduct, or intentional defamation, the law is on your side. Whether you operate a luxury spa, a boutique hotel, a medical clinic, or an e-commerce brand, your reputation is your most valuable asset.
At Pimlegal, we specialize in helping businesses in Thailand take swift, measured, and lawful action to protect their name, reputation, and digital presence. From cease-and-desist letters to court petitions and Google removal requests, we provide comprehensive legal solutions grounded in Thai law and tailored to the nuances of online speech.
Reputation is Worth Protecting
A single Google review can cost a business thousands of Baht, undermine years of brand-building, and create a crisis of confidence among potential customers. While not every bad review is defamatory, when the line is crossed, Thai law provides clear recourse—criminally, civilly, and through administrative enforcement.
Business owners should respond to defamatory reviews not with panic or anger, but with strategy, evidence, and legal expertise. If you believe your business has been harmed by a false online review, Pimlegal is here to support you every step of the way, ensuring that your rights are protected and your reputation is restored.
For legal consultation on defamation, online reviews, or digital reputation protection, contact our legal team at Pimlegal today.