Post by icemandios on Sept 5, 2018 14:09:06 GMT
And, in so doing, has exposed himself to Thailand's rather unusual Defamation Laws:
Criminal Defamation
Defamation as a criminal act in Thailand is defined by the Thai Criminal Code as a statement made by a person who imputes anything to another in a manner which is likely to impair the reputation of the latter or to expose him to hatred or contempt. Under the same Code, such person is liable for an imprisonment up to two years or he can be ordered by the court to pay a fine of 200,000 Baht or may be both.
Burden of Proof and Available Defenses
In Thailand, it is not the duty of the victim or the prosecution that the statement made by the defendant is false. Hence, the burden of proof lies on the defendant to prove that his statements are true. The defense that the defendant did not know his statements to be false is not acceptable in Thailand. Regardless of the truthfulness or falsehood of the statement, once it became a source of an injury which caused damage to the victim, the defendant is liable. Also, although the defendant proves that his statement is true, he still has the burden of proving to the court the propriety of such statement. Nevertheless, the defendant may set up a defense that the statement was made by him in good faith to the person who he believes to be entitled to such information or has interest thereof. Statements made in court by the parties as well as their lawyers do not constitute defamation. Also, expressions of an opinion made in good faith are not considered as defamatory especially so when it is intended to protect legal interest, to comment on actions of an official under official capacity or to provide a fair comment to any person.
Defamation as a criminal act in Thailand is defined by the Thai Criminal Code as a statement made by a person who imputes anything to another in a manner which is likely to impair the reputation of the latter or to expose him to hatred or contempt. Under the same Code, such person is liable for an imprisonment up to two years or he can be ordered by the court to pay a fine of 200,000 Baht or may be both.
Burden of Proof and Available Defenses
In Thailand, it is not the duty of the victim or the prosecution that the statement made by the defendant is false. Hence, the burden of proof lies on the defendant to prove that his statements are true. The defense that the defendant did not know his statements to be false is not acceptable in Thailand. Regardless of the truthfulness or falsehood of the statement, once it became a source of an injury which caused damage to the victim, the defendant is liable. Also, although the defendant proves that his statement is true, he still has the burden of proving to the court the propriety of such statement. Nevertheless, the defendant may set up a defense that the statement was made by him in good faith to the person who he believes to be entitled to such information or has interest thereof. Statements made in court by the parties as well as their lawyers do not constitute defamation. Also, expressions of an opinion made in good faith are not considered as defamatory especially so when it is intended to protect legal interest, to comment on actions of an official under official capacity or to provide a fair comment to any person.
