Nowadays, netizens like us often use mobile phones, iPads, and Tablets to facilitate various aspects of life, especially for daily communication, expressing opinions, and sharing feelings with society. Whether it is Facebook, Instagram, X (Twitter), YouTube, Email, online shopping, food delivery, or traveling.

In this article, the author will explain how we can express our opinions without being sued for online defamation or being charged with an offense under the Computer Crime Act, or what we commonly know as the Computer Act. So, what should we, as netizens, be careful about when posting, liking, and sharing in order to use online media correctly and legally? Let’s summarize it for easy understanding as follows.

 

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Things to be careful of…

1. Pressing "Like” You can press "Like"; it's not illegal. Just be careful whether the "Like" relates to an institution, as it may be considered an offense under Section 112 of the Criminal Code.

2. Pressing "Share" is considered disseminating information. Therefore, if the shared information is defamatory or slanderous to others and causes damage, it may be an offense under the Computer Act.

3. Posting obscene content and disseminating it to the general public is an offense under Section 14(4) of the Computer Act. In addition to the poster being guilty, those who share it are also guilty under Section 14(5).

4. Posting or commenting in a manner that defames others, whether true or not, if done privately, may be considered defamation. However, if posted publicly, it will be defamation by means of publication, which carries a heavier penalty under the Criminal Code.

5. Posting to collect debts or expose debtors should be done with caution, as the law prohibits informing or disclosing debtor information to unrelated persons. This may be an offense under Section 11(2) of the Debt Collection Act, B.E. 2558.

Unless it is information to the debtor's spouse, parent, or descendant, in which case, information about the debt may be disclosed as necessary and appropriate.

 

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Therefore, expressing an opinion or feeling towards society is one of our basic rights. We all have the right to do. So, as long as we express it in the following ways:

1. Honesty by expressing oneself clearly, honestly, fairly, and in a way that benefits society without distorting the truth.
2. Politeness by avoiding the use of violent, rude, or embarrassing language, whether spoken or written.
3. Personal by expressing personal opinions and choosing words that make it clear that it is solely a personal expression.

Although expression is a basic right, we should not infringe upon the rights or freedoms of others, such as by damaging their reputation, causing harm, or defaming them.

 

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Another interesting question is, if we leave a 1-star review like this, can the store really sue us?

Reviews are one of the most important factors that customers consider when choosing products and services. If we look at it from the perspective of consumers rather than business owners, when choosing a restaurant, the first things we notice are how reliable it is, the number of repeat customers, and the reviews. If we come across too many negative reviews, we certainly wouldn't want to use that restaurant's services.

 

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Example of a 1-star review that is not considered defamatory

1. Mr. A went to a restaurant where the staff provided poor service, and he also found a hairline on his plate. He left a 1-star review saying, “I felt terrible. Not only did the staff not smile, but I also found a hairline on my plate. It was not clean at all.” This is considered an honest review, without distorting the truth. The criticism is fair to him, not meant to harass.

2. Mr. B went to an Isaan restaurant and ordered pork laab, but he felt that the taste was too salty. He left a 1-star review saying, “The atmosphere here is very good, and the staff provided excellent service. However, the laab I ordered was too salty. I'm not sure if this is the restaurant's standard flavor. If it is, I think the laab should have more sour and spicy flavors. But if this was a mistake, I hope it doesn’t happen again. Thank you.” This is considered a review that offers constructive feedback to the restaurant for improvement and provides useful information to society.

 

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Examples of 1-star reviews that could be considered defamatory.

1. Ms. K saw a juice shop on Facebook and gave it a 1-star review, saying, “got very little fruit, the color of the fruit is unappealing. Are you selling old products to customers? Who would buy this?” This is considered a review based on false information, as she has never used the service before. The review damages the shop's reputation.

2. Ms. N. ordered bubble milk tea from a shop via delivery. She received the complete order, but left a 1-star review saying, “It took a very long time to receive, and the amount was very small. Don’t order from them. It’s nothing like what was advertised.” This is considered a review based on false information. It could damage the shop's reputation and it may be considered an offense.

Therefore, it can be seen that a 1-star review does not necessarily mean that we will be sued. However, if the review contains false information, which could cause the store to suffer harm, lose its reputation, be defamed, or be hated, it may constitute a criminal offense.

 

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Legal principles regarding defamation under the Criminal Code

• Defamation is the act of making a false statement about another person in a way that is likely to harm their reputation, subject them to contempt, or cause them to be hated.
• Defamation by advertisement refers to the act of defamation committed through the publication of documents, drawings, paintings, cinematography films, picture or letters, whether by broadcasting or spreading picture or propagation with any other means.

Generally, every individual has the right and liberty to engage in any act, protected by the law, as long as the exercise of such rights or liberties does not disturb or endanger the security of the State, public order, or good morals, and does not infringe upon the rights or liberties of others, by Section 25 of the Constitution of the Kingdom of Thailand.

Furthermore, expressing opinions, every individual has the liberty to express their opinions, speak, write, print, advertise, and communicate by other means. However, this must not infringe upon the rights or liberties of others, in accordance with Section 34 of the Constitution of the Kingdom of Thailand.

 

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Legal principles regarding crimes related to the unlawful dissemination of computer data under the Computer Crime Act.

• Input into a computer system means downloading and uploading data.
• Publishing computer data means uploading and posting computer data, including the input of computer data into a computer system and displaying that computer data on the system.
• Forwarding computer data means forwarding or sharing computer data to another person, whether by electronic mail or other means.
• Pornographic computer data refers to content that is vulgar, obscene, crude, and considered disgusting by morally upright people (according to the Royal Institute Dictionary).
  • Paintings and handicrafts that convey the artist's message or emotions, even if they depict nudity, are not considered pornographic.
• Distorted computer data refers to data that is not accurate or fails to present the complete truth.
• Fake computer data refers to data that has been created or fabricated, in whole or in part, to appear as though it belongs to another person.
• False computer data refers to data that is inaccurate or intentionally misrepresents the truth.  

 

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References : 

1. Criminal Code of Thailand, Sections 112, 326, and 328.
2. Computer-Related Crime Act B.E. 2550 (2007), Sections 14(4) and 14(5).
3. Debt Collection Act B.E. 2558 (2015), Sections 8 and 11(2).
4. Constitution of the Kingdom of Thailand, Sections 25 and 34.
5. AdmissionPremium. (n.d.). Posting defamatory content on social media: Is it illegal?Retrieved from https://www.admissionpremium.com/business/news/3699
6. Sanook Dictionary. (n.d.). Definition of the word "ลามก" (obscene) from the Royal Institute Dictionary. Retrieved from https://www.sanook.com/dictionary/dict/dict-th-th-royal-institute/search/%E0%B8%A5%E0%B8%B2%E0%B8%A1%E0%B8%81/
7. Constitution Drafting Committee. (n.d.). Draft Constitution of the Kingdom of Thailand B.E. 2560 (2017). Retrieved from https://cdc.parliament.go.th/draftconstitution2/ewt_dl_link.php?nid=1460&filename=index (pages 8 and 11)
8. Ministry of Public Health. (n.d.). Guidelines for Responsible Online Communication. Retrieved from https://ict.moph.go.th/upload_file/files/1930252857ec692f3f15d8c28a3af443.pdf (page 16)