Primary Remarks on offence of Defamation and Insult in Criminal code of Thailand

Abstract

In general, Speech can do no physically harm, unlike committing an act of violence with or without any arms. Nevertheless, in particular circumstances,
disdainful speech, including an insult, could lead to conflict, quarrel, act of violence, bodily harm or even murder. Criminal Law significantly regards unlawful speech as criminal offences in pursuant to maintain public order of the society. Therefore, various criminal offences caused by speech was stipulated in the Criminal Code of Thailand B.E.2499, for instance, offence against liberty by compel, offence of being seriously provocative by unjust speech, offence of giving any false information concerning a criminal offence, offence of defamation, offence of insulting.
This article will be focus on speech in a manner which is likely to impair the reputation of such other person or to expose such other person to be hated or scorned i.e. offence of defamation and offence of insulting other person in his presence or by publication in accordance with the Criminal Code of Thailand B.E.2499
Supplementary to the explanation of the core offences of defamation,
Section 393 of the Criminal Code of Thailand B.E.2499 additionally sets forth various offences of defamation in order to protect miscellaneous
persons, institutions and entities. For illustrations, offence of defamation, insult or threatening the King, the Queen, the Heir-apparent or the Regent (Section 112), Offence of insulting the official doing the act according to the function (Section136), Offence of insulting the Court or the judge in the trial or
adjudication of the case (Section 198), Offence of defamation to person and the deceased (Section 326, 327). In this regard, any reputation and honor of person, public administration and public order of the society shall be protected by the law.