Defamation on Facebook / TikTok / X in Thailand — How to File

Online Defamation in Thailand — Heavier Than You Think

A social-media post making accusations — even one you considered "just venting in a private group" — can become a criminal case with penalties heavier than face-to-face statements, because the law treats public dissemination as having broader impact.

This article covers how to file a defamation case for posts on Facebook, TikTok, X (Twitter), Instagram, and LINE — from evidence preservation, jurisdiction, damages, to settlement.

Applicable Laws

Typically charged under two statutes together:

• Penal Code §328 — Defamation by publication: up to 2 years imprisonment, fine up to THB 200,000 (3-month limitation).
• Computer Crime Act §14(1) — Inputting false data: up to 5 years imprisonment, fine up to THB 100,000 (10-year limitation).
• Optional: Computer Crime Act §16 — Distributing damaging images.

If convicted on multiple counts, the court applies the heaviest under Penal Code §91.

Evidence Preservation by Platform

Facebook

1. Open post → 3 dots → "Copy link" — save URL.
2. Screenshot the post + comments + share/like counts + likers.
3. For pages, view "Post Activity" / "Insights" for reach.
4. For groups, screenshot member count.
5. Capture poster's profile (name, profile URL).

TikTok

1. Tap "Share" → "Copy Link".
2. Save the video.
3. Screenshot views, likes, shares, comments.
4. Save caption and the sound used.
5. Capture username and display name.

X (Twitter)

1. Copy tweet URL.
2. Screenshot tweet + retweets + replies.
3. If quote-tweeted, capture each quote.

LINE / Instagram

• LINE: screenshot the chat and member list.
• Instagram: copy post or story link (within 24 hours for stories).

Important: Screenshots must show the device's date and the URL — otherwise time-of-occurrence is hard to prove. Lawyers recommend digital authentication via the Department of Business Development or attorney certification.

Where to File

• Criminal Court — Bangkok and major provinces.
• Provincial Court — Where the plaintiff resides or where the offender resides.
• Cyber Court — Established 2023, dedicated to cyber offenses in some provinces.

For online posts, courts allow filing at the plaintiff's domicile because "the offense occurs where the plaintiff sees the post."

Recoverable Damages

Police Report vs. Private Suit — Compared

Many clients are unsure whether to file a police report or sue privately:

Recommendation: For damages under THB 200,000 a police report is the economical choice; for higher damages or speed, private suit alongside the police report is the popular option.

Multi-Platform Cases — How to File

If the offender posted across Facebook + TikTok + X simultaneously, lawyers advise:

• Preserve evidence per platform — each post is a separate count.
• File as one case if posts occurred near in time and form a continuous course of conduct.
• Claim aggregate damages by proving compound effect — e.g., Facebook 10,000 viewers + TikTok 100,000 views + Twitter 20,000 views = 130,000 reach as the calculation basis.

Beware: The Victim Can Become a Defendant

A common pitfall — the targeted person retaliates in the comments with unlawful language and becomes a co-defendant in their own case:

• "You're a liar, scumbag" replies → potential insult/defamation back.
• Doxing the opposing side → PDPA (data-protection) violation.
• Posting the offender's photo to "expose the truth" → may violate Computer Crime Act §16.

The safe path: stay silent and let the lawyer handle it. Every retaliation becomes evidence in court.

Hypothetical Case Studies

Case 1 — Facebook neighborhood group: Mr. A posts in a 500-member group "Mrs. B stole from the community shop," based on misunderstanding. Mrs. B preserves screenshots and files §328 + §14(1) within 1 month. The case settles via mediation — Mr. A apologizes in the same group and pays THB 150,000.

Case 2 — TikTok video accusing a lawyer: A TikTok creator accuses a lawyer of fraud. The lawyer sues §328 + §14(1) + §16 plus civil claim of THB 2,000,000. The court rules professional reputation harmed, sentences 6 months suspended, fine THB 50,000, plus damages THB 800,000.

Case 3 — Instagram Story 24-hour post: An accuser posts on a story; the target misses the 24-hour window but three witnesses captured screenshots. The court accepts witness testimony alongside partial digital evidence.

What if the Poster is Under 18?

Yes, you can sue. The case is heard by the Juvenile Court — penalties are lighter and rehabilitation favored — but parents share civil liability under Civil Code §429.

Common Mistakes

• Engaging in the comments first — The offender deletes the post before evidence is preserved.
• Not capturing the poster's profile — Identification becomes difficult.
• Not capturing supportive comments — Commenters who said "Yes, it's him" may be co-defendants under §14(5).
• Letting 3 months pass — §328 expires; only §14 (against the state) remains, with no direct civil award.

FAQ

Can I sue an anonymous poster?
Yes. Cyber police can compel data from Facebook/TikTok via court order.

Posts that "tag" only a nickname but everyone knows who — actionable?
Yes, if a reasonable person can identify the subject.

Comment captured before being edited — usable?
Yes. Later edits do not erase the offense.

Lawyer fees for online defamation cases?
Starts THB 50,000–120,000 for criminal + Computer Crime Act, plus 10–20% of recovery for civil. Free initial consultation at Witoon Yaemplab Law Office.

Conclusion

A defamatory social-media post takes 5 seconds to type and may carry 10 years of legal exposure. Targets should preserve evidence and consult a lawyer within 1–2 days. Posters should ask themselves: do I have proof, would I say this in person, and can I afford a lawyer if sued. Tanai Toon — Witoon Yaemplab Law Office, call 081-544-0944 or LINE @toonmaster, free consultation daily 07:00–20:00.