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defamation case

  • law

Section 326* Whoever defames another person against a third person in a way that is likely to cause the reputation of another person to be disrespected or hated that person commits an offense of defamation shall be liable to imprisonment for a term not exceeding 1 year or a fine not exceeding 20,000 baht, or both.

  • elements of law

1. Who

2. Insulting others

3. To third parties

4. Likely to cause others to be defame, to be insulted or to be hated

  • Framing the deceased as defamation also receives the same penalty.

Section 327 Whoever slanders the deceased to a third person and such misrepresentation is likely to cause disrepute to the father, mother, spouse or child of the deceased, to be looked upon or hated. that person commits an offense of defamation shall be punished as provided in Section 326.

  • increase the penalty

Section 328* If the offense of defamation is committed by means of publication of documents, drawings, paintings, films, pictures or letters made to appear by any means, phonograph or sound recording, video recording or writing by broadcasting or image distribution or by making announcements by other means The offender is liable to imprisonment for a term not exceeding 2 years and a fine not exceeding 200,000 baht.

  • an act that is not an offense of defamation

Section 329 Any person expressing an opinion or any message in good faith (1) for righteousness to protect oneself or protect one's interests in accordance with one's morality (2) as an officer performing duties (3) Criticize with fairness. or (4) in reporting news with fairness Matters of public proceedings in court or at meetings that person is not guilty of defamation

Section 330 In case of defamation If the person accused of committing an offense can prove that the allegations of defamation are true; he shall not be punished. but forbidden to prove If the accusation of defamation is a personal accusation And the proof will not benefit the people.

Section 331 Parties or attorneys of parties commenting or messages in court proceedings for the benefit of their case No offense of defamation

  • Offenses for defamation can be settled.

Section 333 The offenses in this chapter are compoundable offences. If the victim in the offense of defamation dies before making a complaint, the father, mother, spouse or child of the injured person may make a complaint. and shall be treated as the injured person

  • The petition for the offense of treasonous negligence

Supreme Court No. 3920/2562 The statement that the defendant said would be an offense of defamation or not. Must consider the feelings of ordinary wise people. It is a criterion for determining whether the statements mentioned are to the extent that the defamation, who is a lawyer, is likely to suffer disrepute. insulting others hate it? not based solely on the feelings of the defamated person Words that the defendant said "Where did you get the bad luck lawyer? Satul", the Royal Institute Dictionary of 2011 gives the meaning of the word "bad luck" that it can't be, of course, low quality, not good, such as bad people, bad things, bad things. As for the word "Satul" It means that it is rude, depraved, vile (used as a curse word), such as insulting like this. It's just an insult and insult to the plaintiff. which is disrespectful and embarrassing But it's not a bad reputation. being insulted or hated But when listening to the words at the end, "Satul", the common man might understand that The plaintiff, who is a lawyer, can't be certain, low quality, not good, and in a rough, demeaning, vile way. Such words may cause the plaintiff's reputation to be damaged. being insulted or hated which may be an offense of defamation

Supreme Court No. 3493/2562 of the Printing Notification Act B.E. 2550, Section 4, states that in this Act, "Printer" means a person who manages and is responsible for printing. "Publisher" means a person responsible for printing. To distribute the publication by any means, whether for sale or free of charge. "Editor" means the person responsible for the publication. and control the content of text or images printed in newspapers including materials or documents inserted in newspapers with the approval of the editor. According to the provisions of the law, the liability of editors, publishers and advertisers must be responsible for the preparation and control of the content of text or images published in newspapers. responsible for printing And responsible for the distribution of publications by any means. The second defendant, as an editor, publisher, newspaper advertiser, must be responsible for the preparation and control of content, text or images published in newspapers. Do not cause. damage to others When the law requires the 2nd defendant, who is an editor, publisher, advertiser, to do so, but the 2nd defendant did not pay attention to check, select or control the published news. By allowing the publication of messages in newspapers that are not true. affecting the rights and causing damage to others It is not upholding the ethics of the media. Which is an action by refraining from having to act to prevent that effect according to Section 59 of the Civil Court, paragraph 5, can be considered that the second defendant is a co-offender and is liable for the text published If the message is defamatory to the plaintiff according to Section 83 of the Civil Court

In a defamation case in which the court has ruled that the defendant is guilty, Section 332 (2) of the Criminal Code empowers the court to order the defendant to publish all judgments. or partly in one or more newspapers once or many times By allowing the defendant to pay for advertising, so even though the plaintiff has a request for both defendants to jointly advertise the plaintiff's apology in the newspaper. without requesting to advertise the judgment in a newspaper But when it comes to the jurisdiction of the court The Court of First Instance sentenced the 2nd defendant to publish the verdict in the newspaper Thor. 3 times within 1 month at the expense of the 2nd defendant, so it is not a judgment beyond the prohibited request under Section 192 paragraph one of the Civil Procedure Code (general meeting). No. 9/2019)

  • petition that is not an offense of defamation

Supreme Court No. 375/2562 In a defamation case, statements, words or other things related to defamation It is considered an important element of the offense of defamation under Section 158 paragraph two of the Civil Procedure Code. The plaintiff must describe it in the complaint. When the first plaintiff did not describe the lawsuit It is not considered that a plaintiff wishes to punish. Even if it was heard that the defendant actually spoke and posted a photo of the aforementioned plaintiff, such facts could not be taken into consideration to punish the defendant according to Section 192 paragraph four of Section 192 of the Civil Procedure Code.