In today’s hyperconnected world, the ability to express one’s opinion online has become second nature. Whether it’s sharing a travel experience on TripAdvisor, rating a local spa on Google, or reviewing a meal on Facebook or LINE SHOPPING, customers now have tremendous power to shape public perceptions of businesses. However, as public commentary becomes more accessible, it also becomes more susceptible to legal scrutiny—especially when the content of a review is alleged to be false, damaging, or defamatory.
In Thailand, where defamation is both a criminal offense and a civil tort, the legal risks associated with posting a negative review are more serious than many realize. While freedom of expression is respected, it is not absolute. If you have left a review and are now facing the threat of legal action—perhaps in the form of a lawyer’s letter or even a police summons—it is essential to understand your rights, your potential defences, and the possible consequences under Thai law.
At Pimlegal, we often represent both plaintiffs and defendants in defamation-related cases, including online reviews. This article is designed to provide a clear and legally grounded guide for individuals who are being threatened with, or are already facing, a defamation lawsuit due to a review they posted. We explore what constitutes defamation under Thai law, what defences are available to you, and how to respond if you receive a cease-and-desist letter or formal complaint.
Understanding Defamation in Thailand
In Thailand, defamation is covered under Sections 326 to 333 of the Thai Penal Code, and also intersects with the Computer Crimes Act B.E. 2550 (2007)—especially when the alleged defamatory content is published online. These provisions apply to both Thai nationals and foreigners residing or posting in Thailand, and in some cases even to actions committed outside Thailand if the consequences are felt locally.
Section 326 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 and shall be punished with imprisonment not exceeding one year or a fine not exceeding twenty thousand Baht, or both.”
If the defamation is made publicly through written or electronic media, including online platforms, it is considered defamation by publication under Section 328, which carries a more severe penalty:
“If the offense under Section 326 is committed by means of publication, such as writing, drawing, broadcasting or by any other means which makes it accessible to the public, the offender shall be punished with imprisonment not exceeding two years or a fine not exceeding 200,000 Baht, or both.”
In cases involving internet communication—such as Google reviews, Facebook posts, or LINE messages—the Computer Crimes Act, specifically Section 14(1), may also be invoked:
“Any person who inputs into a computer system false information in a manner that is likely to cause damage to another person or the public shall be punished with imprisonment not exceeding five years or a fine not exceeding 100,000 Baht, or both.”
These overlapping statutes make Thailand one of the few jurisdictions in the world where an online review could lead not only to civil damages but also criminal prosecution.
What to Do If You Receive a Legal Threat for Your Review
Receiving a formal legal notice—whether it’s from a business owner, their lawyer, or even the police—can be intimidating. You might feel panic, anger, or confusion. First, do not delete or edit the review immediately. This could be interpreted as an admission of guilt or an attempt to destroy evidence.
Instead, consult with a lawyer immediately. Provide them with a copy of the review, the legal letter, any correspondence with the business in question, and supporting evidence such as receipts, photos, CCTV footage, or medical documents if the case involves health or safety claims. Your lawyer will analyze whether the review constitutes defamation under Thai law and assess your potential defences.
The most common types of legal letters in Thailand regarding defamation are cease-and-desist notices, which request the immediate removal of the content, a written apology, and sometimes monetary compensation to avoid escalation. If you receive such a letter, do not respond hastily. Engaging in negotiations without legal advice could put you at a disadvantage.
Are All Negative Reviews Defamatory? No—But Context Matters
Contrary to what some business owners believe, not every negative review is defamatory. The law distinguishes between statements of opinion, statements of fact, and false accusations. For example, writing “I didn’t like the taste of the food” is a subjective opinion and is generally protected. However, writing “The food caused me to have food poisoning and they refused to help me” implies a factual event which, if untrue, could be defamatory.
The key lies in whether the review contains provable, damaging falsehoods, and whether it intentionally harms the business’s reputation. Thai courts will also examine the tone, context, and purpose of the statement. Was it made in good faith as a consumer sharing their experience, or was it meant to discredit or harass?
Common Legal Defences Against Defamation in Thailand
If you are accused of defamation in Thailand due to a review, you may raise several defences under Thai law. However, these defences must be applied carefully and usually require professional legal assistance to succeed in court.
One of the most important defences is truth. Under Section 330 of the Penal Code, a defendant may avoid punishment if they can prove the statements made are true. However, there is a caveat: even a true statement may be punished if the court finds that it was not made in the public interest. This means that personal disputes or gossip published online—even if factual—could still violate the law if done maliciously or unnecessarily.
Another potential defence is fair comment, particularly when the statement is a clearly expressed opinion rather than a factual allegation. Saying “The service was slow and I didn’t enjoy the meal” is your personal impression, not a factual claim that can be proven or disproven. However, if you write, “The staff were stealing tips from customers,” that becomes a factual assertion and must be backed by evidence.
A third line of defence is qualified privilege, which applies when a person makes a statement to a party with a legitimate interest in the matter, and the statement is made without malice. For example, warning others in a public health forum about unhygienic conditions at a restaurant based on what you genuinely believed to be true may qualify. But spreading the same information with the intent to harm or discredit a competitor likely will not.
Consequences of a Defamation Conviction in Thailand
If the court finds that your review was defamatory, the penalties can be significant. Under Section 328, you may face up to two years in prison or a fine of up to 200,000 Baht, or both. Under Section 14(1) of the Computer Crimes Act, the penalty increases to up to five years in prison.
In a civil case, the business may sue for damages to its reputation, loss of revenue, and emotional distress. The court may order you to pay compensation, publish a formal apology, or delete the offending review.
These outcomes are more common in cases involving large-scale reputational damage, such as fake reviews that go viral or accusations of criminal conduct without proof. Still, even one seemingly small review can lead to a court summons if the impact is sufficiently serious or the business has a history of litigation.
Real-World Examples and Judicial Trends in Thailand
Over the past decade, Thai courts have increasingly heard cases involving online defamation. Several judgments have affirmed that Google reviews, Facebook posts, and online comments can indeed amount to actionable defamation if they contain false, harmful allegations.
In one case, a clinic in Bangkok sued a former client for leaving a Facebook review alleging the clinic used “cheap Chinese fillers” and “unlicensed doctors.” The reviewer had never received treatment at the clinic and was found to be a competitor in disguise. The court ruled in favor of the plaintiff, imposing both a criminal sentence and civil damages exceeding 400,000 Baht.
In another case, a disgruntled customer posted a Google review stating a hotel “stole” her jewelry. CCTV footage showed no theft occurred. The hotel pressed charges under both the Penal Code and Computer Crimes Act. The defendant ultimately retracted the statement, issued a public apology, and was ordered to pay damages for reputational harm.
These cases demonstrate that courts in Thailand are increasingly protective of business reputations—especially in the era of viral content and social media. They also show that legal defences must be based on solid evidence, clear intent, and the distinction between personal experience and accusatory statements.
How to Protect Yourself When Leaving a Review
If you are planning to leave a review about a business—especially after a negative experience—it is important to do so responsibly and legally. Always base your comments on your first-hand experience. Avoid speculation, personal attacks, or sweeping generalizations.
Use phrases like “I felt,” “In my opinion,” or “My experience was” to clarify that you are sharing a subjective viewpoint, not alleging criminal conduct. Keep records of your interaction with the business, including receipts, photos, or chat messages. If you are unsure whether your statement crosses the line, consult a lawyer before posting.
In the event that you are sued or receive a legal threat, be cooperative but cautious. Do not delete evidence. Respond only through legal counsel. And remember, even if you believe your review was justified, proving that in a Thai court requires preparation, strategy, and sound legal reasoning.
Freedom of Speech in Balance with Accountability
Thailand, like many countries, recognizes the importance of protecting individuals and businesses from unjust attacks on their reputation. At the same time, consumers have a right to express dissatisfaction and to share honest experiences.
The legal framework, particularly in the context of the Thai Penal Code and Computer Crimes Act, seeks to balance these rights by penalizing statements that are false, harmful, and made with malicious intent. Understanding this legal context is essential for anyone posting public commentary, especially on platforms that influence public trust and commercial success.
At Pimlegal, we believe in responsible communication and the right to defend oneself from unjust accusations. If you are being threatened with a defamation claim due to an online review, or if you are unsure how to respond to a legal letter, our team is ready to help you assess your case, protect your rights, and if necessary, fight your case in court.