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what constitutes defamation?


boomerangutang

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Where does RTP announce it? It they have a website for this, it is obviously in Thai and we do not allow Thai language on Thaivisa except in the Thai language forum.

What I meant was: RTP sometimes have announcements and press releases. It happened most often during the few weeks after the crime. Nearly every day, they announced something regarding the crime. Similarly, there are mentions in the two daily English language newspapers out of Bangkok. If posters mention those things (what's announced by RTP or written in newspapers), then it seems those items should not be construed as defamatory. In other words, if RTP says Nomsod and Mon are suspects (as they did in the latter part of Sept. 2014), then if Thaivisa posters say they were suspects, ....is that defamatory?

Granted, posters on Thaivisa do more than merely repeat items which are announced by RTP or newspapers. Some of us discuss the issues.

I noticed the one remaining thread concerning the Ko Tao crime of mid-Sept '14 has been re-opened. That's good, I guess, but there will still be a few posters who will do all they can to get the topic closed down. They've shown they don't want discussion on that topic - to such a degree they keep mentioning 'defamation of character' lawsuits. Are those few posters privy to what the Headman and his family are thinking/planning?

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What constitutes defamation?

  1. Criminal liability for defamation is defined in sections 326–333 of the Penal Code.
  2. Civil liability for defamation is defined in section 432 of the Civil and Commercial Code
  3. The following web page from the website of a law firm in Thailand contains an overview of legal liability for defamation: http://www.tilleke.com/sites/default/files/2013_May_Multilaw_Media_Thailand.pdf
  4. The following post made on Thaivisa gives the comments made by another Thai law firm on the subject of legal liability for defamation: http://www.thaivisa.com/forum/topic/259114-thailand-libel-laws/#entry2681073

Quoting from news sources

Quoting defamatory content from news sources is forbidden by our forum rules, the same as members’ own defamatory comments are forbidden:

6) You will not post comments that could be reasonably construed as defamation or libel.
Defamation is the issuance of a statement about another person or business which causes that person to suffer harm. It does not have to be false to be defamatory. Libel is when the defamatory statement is published either in a drawing, painting, cinematography, film, picture or letters made visible by any means, or any other recording instruments, recording picture or letters, or by broadcasting or spreading picture, or by propagation by any other means. Defamation is both a civil and criminal charge in Thailand.
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