In today’s digitally connected world, sharing opinions online is as easy as a few taps on a smartphone. Consumers frequently leave reviews about their experiences with restaurants, hotels, service providers, and more. While most reviews are written with good intentions, some can spark serious legal consequences. In Thailand, even a seemingly honest negative review can lead to a defamation lawsuit if it is perceived to harm the reputation of an individual or business. Understanding the legal framework around online speech is essential for both consumers and business owners navigating this digital landscape.
Understanding the Legal Definition of Defamation in Thailand
Defamation under Section 326 of the Thai Criminal Code is defined as making a statement that causes another person to be “shamed or scorned” or to suffer damage to their reputation. This can be either spoken (slander) or written (libel), and it includes digital publications. Posting a review online, regardless of the platform, can fall under this category if the content is found to be false and harmful. Thailand’s legal system allows both civil and criminal charges for defamation, and unlike some countries, truth alone may not be a complete defense unless the statement was made for the benefit of the public.
When a Review Crosses the Line
Reviews are generally protected under the principle of freedom of expression, particularly if they reflect a personal experience. However, this protection has its limits. A review that includes specific accusations—such as alleging theft, fraud, or unethical behavior—without evidence may be interpreted as defamatory. Courts will consider whether the statements are statements of fact or opinion. Statements of fact that are false and damaging carry a much higher legal risk than subjective opinions.
Truth and Public Interest as a Defense
Under Thai law, a truthful statement may serve as a defense against defamation charges, but only if it was made in good faith and for the public interest. For example, a review warning others of genuinely poor hygiene at a restaurant may be defensible if it’s supported by real evidence and intended to inform, not to insult. However, if the language used is unnecessarily aggressive, sarcastic, or mocking, the courts may still view it as defamatory, even if the core claim is true.
Real-World Consequences of Online Reviews
Thailand has seen several real-world defamation cases sparked by online reviews. One case involved a foreign tourist who left a critical review of a resort on TripAdvisor, resulting in a criminal defamation charge and a brief detainment. While the matter was eventually resolved, it underscores the importance of being cautious with language used in public forums. Even small businesses may take legal action if they feel a review has caused reputational damage or financial loss.
Tips for Posting Reviews Responsibly
To ensure that your review does not unintentionally lead to legal issues, there are a few important guidelines to follow. Always be factual and accurate. Avoid making claims you cannot prove, and avoid personal attacks or inflammatory language. If you had a negative experience, focus on describing the incident objectively. Giving businesses the opportunity to address your concerns before posting can also demonstrate good faith, which may be favorable in the eyes of the law.
Final Thoughts
While online reviews are an important tool for consumer expression, they must be used responsibly—especially in jurisdictions like Thailand where defamation laws are taken seriously. A negative review written without care or based on exaggerated or untrue information can lead to legal consequences, including criminal charges. At Pimlegal, we help both individuals and businesses understand their rights and obligations under Thai defamation law. Whether you’re considering posting a review or responding to one, seeking legal advice can prevent misunderstandings and protect your reputation.