Report Warning Issued: Even Indirect Defamation Remains Illegal Under Thai Law

[webfact]

Picture courtesy of Human Rights Facebook

 

Social media uproar! Lawyer James advises that using defamatory language, even without naming an individual, can still constitute defamation under the law.

 

On 21 May, 'Lawyer James' or Nitithorn Kaewto took to his personal Facebook page, "Lawyer James LK," to caution users. He highlighted a legal case where the term "prostitute" was deemed defamatory, explaining it referred to a woman engaged in the sex trade.

 

He further elaborated that even without specifying details, such as who someone trades sex with, using such a term can be enough to categorise it as defamatory.

 

By highlighting such instances, Lawyer James aims to raise awareness about the legal boundaries of speech on social media platforms, urging users to consider the impact of their words before posting.

 

Lawyer James's insights serve as a timely reminder of the importance of responsible online communication, where casual or careless remarks might lead to serious legal repercussions.

 

Thanks to: Lawyer James LK

 

  Adapted by ASEAN Now from Daily News 2025-05-21

 

 

[JoePai]

Only goes to show the Thai legal system is an ar$e

[GarryP]

Defamation laws here are crazy. They fall under the criminal code and are used to silence others. 

[Tom100]

When I visited the Foreign Correspondents' Club of Thailand, I was discreetly warned NOT to say anything political as conversations were monitored by the government and its supporters. Good advice. I also noticed that the Club stays away from any "controversial" speakers. It is OK to have press conferences on problems in Myanmar, but only silence on thailand.

 

Since November 2020, at least 279 people have been arrested or charged in Thailand under lèse-majesté laws (Article 112 of the Criminal Code) for allegedly insulting, defaming, or threatening the monarchy, according to data compiled by the Thai Lawyers for Human Rights (TLHR). This figure includes 20 individuals under the age of 18. The surge in prosecutions followed the revival of the law in response to pro-democracy protests that began in 2020, with charges often targeting activists, students, and online critics.

[ikke1959]

The freedom of speech in Thailand is very very limited.... everything can be seen as defamation... and that for  claiming to be a democratic and free country... 2 laws prevent that Thailand is democratic

[jaywalker2]

No prostitute is going to sue you for defamation. She'll put a hit on you instead and over the balcony you go.

[Quentin Zen]

ALL socials under a fake name and fake everything.   I'm sure if you are super crazy, they will track you down, but it's still a good, safe policy.  Zero posts on FB in 10 years.  Zero posts on the 'gram in 10 years..... YT stuff is never about Thailand.  I won't review a place online, no matter what, unless 5 stars.   These are simply the rules/laws we agreed to.......and nobody bothers us and we can rent rooms and eat eggs without going broke, and chill and relax and do nothing for super cheap....  

 

If you are an Alpha, Sigma, want to poke the bull...... FINE.    As they say in LOS.................. Up                 to                    You 

[Magictoad]

2 hours ago, Tom100 said:

When I visited the Foreign Correspondents' Club of Thailand, I was discreetly warned NOT to say anything political as conversations were monitored by the government and its supporters. Good advice. I also noticed that the Club stays away from any "controversial" speakers. It is OK to have press conferences on problems in Myanmar, but only silence on thailand.

 

Since November 2020, at least 279 people have been arrested or charged in Thailand under lèse-majesté laws (Article 112 of the Criminal Code) for allegedly insulting, defaming, or threatening the monarchy, according to data compiled by the Thai Lawyers for Human Rights (TLHR). This figure includes 20 individuals under the age of 18. The surge in prosecutions followed the revival of the law in response to pro-democracy protests that began in 2020, with charges often targeting activists, students, and online critics.

Here in the UK over 45 thousand people have been investigated and cautioned with on line offences under new laws  

introduced by the new Labour government. Many people have been put in prison. For tweets. Teams of police; 6 at a time storm into people's houses and confiscate their computers and phones. Only this week a court confirmed a very long sentence for a mother of a small child. The mother lost her appeal. Free speech is dead in the UK.

[Photoguy21]

2 hours ago, Tom100 said:

When I visited the Foreign Correspondents' Club of Thailand, I was discreetly warned NOT to say anything political as conversations were monitored by the government and its supporters. Good advice. I also noticed that the Club stays away from any "controversial" speakers. It is OK to have press conferences on problems in Myanmar, but only silence on thailand.

 

Since November 2020, at least 279 people have been arrested or charged in Thailand under lèse-majesté laws (Article 112 of the Criminal Code) for allegedly insulting, defaming, or threatening the monarchy, according to data compiled by the Thai Lawyers for Human Rights (TLHR). This figure includes 20 individuals under the age of 18. The surge in prosecutions followed the revival of the law in response to pro-democracy protests that began in 2020, with charges often targeting activists, students, and online critics.

Politics and religion are the two subjects to stay well away from.

[hotsun]

Its possible that after trump is finished with his term that theres nowhere you can go to speak freely. Speaking your mind was only possible for a brief time in history. Dont talk about anything in hotel rooms either there could be mics

[riclag]

For many Thai’s its work , a 9 to 5 job with OT. And sometimes one hits the falang lottery , if she or he plays their cards right.
 

It sometimes  acts third worldish!

Best not say anything political.

The proof is the rule of road law and in the dog moobaans ( villages where wild dogs rule) across the  country…

[riclag]

Bes

1 minute ago, riclag said:

For many Thai’s its work , a 9 to 5 job with OT. And sometimes one hits the falang lottery , if she or he plays their cards right.
 

It sometimes  acts third worldish!

Best not say anything political.

The proof is the rule of road law and in the dog moobaans ( villages where wild dogs rule) across the  country…

Best not to complain on line about hotel accommodations either.

[edwinchester]

3 hours ago, Magictoad said:

Here in the UK over 45 thousand people have been investigated and cautioned with on line offences under new laws  

introduced by the new Labour government. Many people have been put in prison. For tweets. Teams of police; 6 at a time storm into people's houses and confiscate their computers and phones. Only this week a court confirmed a very long sentence for a mother of a small child. The mother lost her appeal. Free speech is dead in the UK.

Nonsense. All that has happened is that the incitement to violence and the promotion of hatred has rightly been criminalised in some cases.

[Lorry]

As a practical example from today's news, read the articles in the BP and the Thaiger about the nurse murdered on Samui.

Both don't dare to mention the name of the hospital. 

Printing full name of the murdered nurse,  that's no problem. 

[TedG]

11 hours ago, hotsun said:

Its possible that after trump is finished with his term that theres nowhere you can go to speak freely. Speaking your mind was only possible for a brief time in history. Dont talk about anything in hotel rooms either there could be mics

I can speak freely in the USA. 

[TedG]

7 hours ago, edwinchester said:

Nonsense. All that has happened is that the incitement to violence and the promotion of hatred has rightly been criminalised in some cases.

This is all very subjective.  

[Jim Blue]

I was going to post about something but my lawyer... 

[Wuvu2]

"Prostitute" is far too technical a term. I prefer "Skanky Ho", and I've never had a problem 😉

[newbee2022]

How are the rules for this here on AN?

[klauskunkel]

22 hours ago, webfact said:

"Lawyer James LK," to caution users. He highlighted a legal case where the term "prostitute" was deemed defamatory, explaining it referred to a woman engaged in the sex trade.

 

Thanks to: Lawyer James LK

"Lawyer James LK" seems to think the term "prostitute" only refers to women which is deemed discriminatory to all genders of the current alphabet soup.

 

Thanks to: Lawyer Klaus

[Aussie999]

"Lawyer James LK," to caution users. He highlighted a legal case where the term "prostitute" was deemed defamatory, explaining it referred to a woman engaged in the sex trade," easily fixed, just call the bargirls....my apologies to those who don't trade their body for money.

[renaissanc]

22 hours ago, JoePai said:

Only goes to show the Thai legal system is an ar$e

I don't think anyone would care if the $ was replaced with an S. 

 

 

[Nickcage49]

These are laws that need to be relaxed if this country can ever be a true Democracy.

[wozzlegummich]

If you put your bum in the oven then you gotta cop the burns. People say stuff on social media that they would never say face to face.  

[wozzlegummich]

9 minutes ago, Nickcage49 said:

These are laws that need to be relaxed if this country can ever be a true Democracy.

I wouldn't be hanging by the Niagra-Falls waiting for that.

[gravity101]

6 hours ago, TedG said:

I can speak freely in the USA. 

Not if your media and talk bad about Trump. Suing in courts or Sending in the DOJ or the FCC against you. That's what they were angling at. 

[Gandtee]

18 hours ago, Photoguy21 said:

Politics and religion are the two subjects to stay well away from.

That was the policy in English pubs. To avoid punch-ups.

[wensiensheng]

One reason why I never leave reviews on booking.com and other similar web sites that seek reviews.

[wensiensheng]

7 hours ago, TedG said:

I can speak freely in the USA. 

Hmm, well it’s off topic but I can think of two recent well publicized cases where students were held in detention for doing just that.

 

But back to Thailand….

[Emdog]

19 hours ago, jaywalker2 said:

No prostitute is going to sue you for defamation. She'll put a hit on you instead and over the balcony you go.

try again: there is no income, rather there is expense, if she follows this line. Hit men aren't free and if you do a balcony dive she loses a future customer or someone to blackmail. It's all about the money