Translation:Act Amending the Penal Code (No. 11), 2535 BE

by National Legislative Assembly of Thailand

Table of contents 

The Act

Preamble

Section

1. Title
2. Commencement
3. Amendment to §326: defamation
4. Amendment to §328: libel

Statement of grounds

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Seal of the Royal Command

Act
Amending the Penal Code (No. 11),
2535 BE

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Bhumibol Adulyadej R
Given on the 14th day of February 2535 BE
Being the 47th year of the present reign

Phra Bat Somdet Phra Paramin Maha Bhumibol Adulyadej gives a great royal command by which He orders with His pleasure that it be announced as follows:

Whereas it is appropriate to amend the Penal Code;

Therefore, by and with the advice and consent of the National Legislative Assembly acting as the National Assembly, He orders with His gracious pleasure that the following Act be enacted:

Section1.This Act is called the "Act Amending the Penal Code (No. 11), 2535 BE".

Section2.This Act shall come into force from the day following the day of its publication in the Royal Gazette onwards.

Section3.The stipulations of section 326 of the Penal Code, which have been amended by the Order of the National Administrative Reform Council No. 41 dated 21 October 2519 BE, shall be repealed and replaced by the following stipulations:

Section326.Whoever makes an imputation against another person before a third person in a manner likely to subject such other person to disrepute, insult, or hatred, commits an offence of defamation and shall be punished with imprisonment not over one year, or a fine not over twenty thousand baht, or both the imprisonment and the fine."

Section4.The stipulations of section 328 of the Penal Code, which have been amended by the Order of the National Administrative Reform Council No. 41 dated 21 October 2519 BE, shall be repealed and replaced by the following stipulations:

"Section328.⁠⁠If the offence of defamation is committed by publication through a document, a drawing, a painting, a film, a picture or letter made available by any means, a phonograph record, or a recording of audio, recording of video, or recording of letters; committed by broadcasting of sound or broadcasting of picture; or committed by other means of publicity; the offender shall be punished with imprisonment not over two years and a fine not over two hundred thousand baht."

Countersignatory:
Anand Panyarachun
Prime Minister

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Note: The grounds for promulgation of this Act are as follows: Since it appears that more and more persons are committing offences of defamation whilst the provisions relating to the rates of punishment applicable to those offenders do not suit the situation, making the said offenders have no fear [of the law], it is appropriate to amend the rates of punishment by heightening them. Therefore, it is necessary to enact this Act.

Bibliography

• "Phra Ratcha Banyat Kaekhaiphoemtoem Pramuan Kotmai Aya (Chabap Thi Sip-et) Phoso Song Phan Ha Roi Samsip Ha" [Act Amending the Penal Code (No. 11), 2535 BE]. (1992, 25 February). Ratchakitchanubeksa [Royal Gazette], 109(13A), 1–2. (In Thai).