Fact-checked by Barrister Garn Tuntasatityanond, Barrister-at-Law and licensed Thai lawyer (Thailand Lawyer Licence No. 3417/2553), on 26 October 2026.
Key takeaways
- A genuine customer can still face a claim; a legal defence does not prevent proceedings from starting.
- Separate verifiable facts from personal assessments and avoid allegations that go beyond your evidence.
- Criminal defamation, computer offences and civil compensation involve different legal requirements.
- Preserve the complete review and check deadlines before responding to a demand or summons.
How is criticising a price different from accusing a restaurant of fraud?
Consider a hypothetical customer who pays THB 260 for a plate of basil rice and posts a photograph and receipt with this comment:
“This dish cost THB 260. For me, the portion was small and it was not good value.”
The price is a verifiable fact. The assessment of value is presented as the customer’s own opinion. Those features may support an argument that the review is fair criticism based on a genuine experience.
By contrast, “This restaurant routinely scams customers” alleges a wider pattern of misconduct. A receipt for one meal does not substantiate that claim. Without supporting evidence, the allegation increases legal risk.
Writing “in my opinion” does not automatically protect a statement that implies an unsupported factual accusation. The complete post, photographs and context must be assessed together. This example is illustrative and does not identify or determine the outcome of any particular restaurant dispute.
Why can an online review become a criminal case in Thailand?
Section 326 of the Thai Penal Code concerns an imputation made about another person before a third person in a manner likely to damage reputation or expose that person to hatred or contempt. The maximum penalty is one year’s imprisonment, a fine of THB 20,000, or both.
Where the elements of defamation are established and the publication falls within the methods specified in Section 328, the offence can carry up to two years’ imprisonment and a fine of up to THB 200,000. The actual method and reach of publication matter; not every digital communication should automatically be treated in the same way.
Source: OCS: Thai Penal Code, Sections 326 and 328.
When does Thai law protect fair criticism?
Section 329(3) provides protection for opinions or statements made in good faith by way of fair comment on a person or thing ordinarily open to public comment. A person who meets the statutory conditions does not commit defamation.
When reviewing a consumer post, relevant questions include:
- Did the reviewer actually experience the product or service?
- Are the material factual statements accurate and supported?
- Has important context been omitted in a way that creates a misleading impression?
- Does the comment concern the service, or does it attack unrelated private matters?
- Do the allegations go beyond what the reviewer knows?
A receipt can support the purchase and price. It cannot prove every other allegation in the post. Nor do genuine customer status and personal dissatisfaction automatically establish good faith and fairness.
Source: OCS: Thai Penal Code, Section 329. For the broader distinction between fair comment and defamatory accusations, see our guide to fair comment and defamation in Thailand.
Is truth a complete answer to a defamation allegation?
Section 330 provides a separate defence: a person who proves the truth of the allegedly defamatory statement is not punished. However, it restricts proof where the allegation concerns a private matter and proving it would not benefit the public.
The distinction matters. Section 329 addresses circumstances in which there is no defamation offence; Section 330 concerns exemption from punishment where its conditions are met. “It is true, so I can publish it in any form” is therefore unreliable advice.
Source: OCS: Thai Penal Code, Section 330.
Can a restaurant also invoke the Computer Crime Act?
Section 14(1) of the Computer Crime Act expressly separates Penal Code defamation from the offence defined in that subsection. An online publication does not become an additional Section 14(1) offence merely because it appears on a computer or social-media platform.
Nevertheless, the actual allegations and conduct must be examined. Separate acts that satisfy another offence’s elements require their own assessment. It would be unsafe to promise that the police or a court will refuse every complaint, or that the entire Act can never apply to conduct connected with a review.
Source: OCS: Computer Crime Act B.E. 2550 (2007), as amended, Section 14.
Must you pay if a restaurant demands THB 1 million?
A lawyer’s demand letter or a claim filed in court states one party’s position. It is not a ruling that the reviewer acted unlawfully or owes the amount demanded.
Civil liability must be assessed under the legal basis relied upon. Section 420 of the Civil and Commercial Code addresses wrongful acts. Section 423 addresses dissemination of false statements injuring reputation or earnings, including circumstances in which the publisher should have known that the statement was false.
Under Section 438, the court assesses compensation in light of the circumstances and seriousness of the wrongful act. Sales records, cancelled orders and reputational effects may be relevant. Damage should not be reduced to lost sales alone, and the likely award should not be inferred from the claimant’s demand. There is no basis here for promising that compensation will necessarily be below THB 1 million.
Source: OCS: Civil and Commercial Code, Sections 420, 423 and 438.
What should you do after receiving a demand letter or summons?
- Preserve evidence before editing or deleting. Keep the full post, comments, original photographs, receipt, menu and communications with the restaurant.
- Identify the document and deadlines. A lawyer’s letter, police summons and court summons have different consequences. Record the date received, requested response date and any hearing or attendance date.
- Avoid escalating the dispute. Do not add unsupported allegations or encourage others to attack the business while the matter is being assessed.
- Have the disputed wording reviewed individually. A lawyer should assess each allegation, supporting evidence, available defences and any proposed settlement terms.
- Understand the effect of payment or an apology. Do not agree to wording or compensation without understanding its implications. Equally, do not ignore an official summons simply because you believe your review is justified.
Frequently asked questions
Can I say that a restaurant is expensive or that I disliked the food?
Such statements may be opinions based on a genuine experience. Protection depends on good faith, fairness and the complete publication, including any accompanying factual allegations.
Does having a receipt protect me from a defamation case?
No. A receipt can prove a purchase and price, but it does not establish the truth of every allegation in a review or prevent a claim from being brought.
Can I face proceedings even if my review is true?
Yes. A dispute may proceed while the court assesses the evidence and available defences. Having a defence does not remove the need to respond to a summons or comply with procedural requirements.
Will deleting my review end the dispute?
Not necessarily. Deletion may limit further publication, but it does not automatically resolve an existing claim or potential liability. Preserve a complete copy and supporting evidence before deciding whether to edit or remove the post.
Does a THB 1 million demand mean I must pay that amount?
No. The amount demanded is distinct from liability and the compensation a court may award. Both require legal and evidential assessment.
Legal assistance with a restaurant review dispute
Siam Center Law Group can review disputed posts, demand letters and supporting evidence, and advise on responding to Thai defamation proceedings or negotiating a resolution.
This article provides general information about Thai law. A case-specific assessment requires the complete publication, the documents received and the relevant facts.
THAI LAWYER'S BLOG
Posted a Bad Review in Thailand? When Criticism Can Become a Defamation Claim
Fact-checked by Barrister Garn Tuntasatityanond, Barrister-at-Law and licensed Thai lawyer (Thailand Lawyer Licence No. 3417/2553), on 26 October 2026.
Key takeaways
How is criticising a price different from accusing a restaurant of fraud?
Consider a hypothetical customer who pays THB 260 for a plate of basil rice and posts a photograph and receipt with this comment:
The price is a verifiable fact. The assessment of value is presented as the customer’s own opinion. Those features may support an argument that the review is fair criticism based on a genuine experience.
By contrast, “This restaurant routinely scams customers” alleges a wider pattern of misconduct. A receipt for one meal does not substantiate that claim. Without supporting evidence, the allegation increases legal risk.
Writing “in my opinion” does not automatically protect a statement that implies an unsupported factual accusation. The complete post, photographs and context must be assessed together. This example is illustrative and does not identify or determine the outcome of any particular restaurant dispute.
Why can an online review become a criminal case in Thailand?
Section 326 of the Thai Penal Code concerns an imputation made about another person before a third person in a manner likely to damage reputation or expose that person to hatred or contempt. The maximum penalty is one year’s imprisonment, a fine of THB 20,000, or both.
Where the elements of defamation are established and the publication falls within the methods specified in Section 328, the offence can carry up to two years’ imprisonment and a fine of up to THB 200,000. The actual method and reach of publication matter; not every digital communication should automatically be treated in the same way.
Source: OCS: Thai Penal Code, Sections 326 and 328.
When does Thai law protect fair criticism?
Section 329(3) provides protection for opinions or statements made in good faith by way of fair comment on a person or thing ordinarily open to public comment. A person who meets the statutory conditions does not commit defamation.
When reviewing a consumer post, relevant questions include:
A receipt can support the purchase and price. It cannot prove every other allegation in the post. Nor do genuine customer status and personal dissatisfaction automatically establish good faith and fairness.
Source: OCS: Thai Penal Code, Section 329. For the broader distinction between fair comment and defamatory accusations, see our guide to fair comment and defamation in Thailand.
Is truth a complete answer to a defamation allegation?
Section 330 provides a separate defence: a person who proves the truth of the allegedly defamatory statement is not punished. However, it restricts proof where the allegation concerns a private matter and proving it would not benefit the public.
The distinction matters. Section 329 addresses circumstances in which there is no defamation offence; Section 330 concerns exemption from punishment where its conditions are met. “It is true, so I can publish it in any form” is therefore unreliable advice.
Source: OCS: Thai Penal Code, Section 330.
Can a restaurant also invoke the Computer Crime Act?
Section 14(1) of the Computer Crime Act expressly separates Penal Code defamation from the offence defined in that subsection. An online publication does not become an additional Section 14(1) offence merely because it appears on a computer or social-media platform.
Nevertheless, the actual allegations and conduct must be examined. Separate acts that satisfy another offence’s elements require their own assessment. It would be unsafe to promise that the police or a court will refuse every complaint, or that the entire Act can never apply to conduct connected with a review.
Source: OCS: Computer Crime Act B.E. 2550 (2007), as amended, Section 14.
Must you pay if a restaurant demands THB 1 million?
A lawyer’s demand letter or a claim filed in court states one party’s position. It is not a ruling that the reviewer acted unlawfully or owes the amount demanded.
Civil liability must be assessed under the legal basis relied upon. Section 420 of the Civil and Commercial Code addresses wrongful acts. Section 423 addresses dissemination of false statements injuring reputation or earnings, including circumstances in which the publisher should have known that the statement was false.
Under Section 438, the court assesses compensation in light of the circumstances and seriousness of the wrongful act. Sales records, cancelled orders and reputational effects may be relevant. Damage should not be reduced to lost sales alone, and the likely award should not be inferred from the claimant’s demand. There is no basis here for promising that compensation will necessarily be below THB 1 million.
Source: OCS: Civil and Commercial Code, Sections 420, 423 and 438.
What should you do after receiving a demand letter or summons?
Frequently asked questions
Can I say that a restaurant is expensive or that I disliked the food?
Such statements may be opinions based on a genuine experience. Protection depends on good faith, fairness and the complete publication, including any accompanying factual allegations.
Does having a receipt protect me from a defamation case?
No. A receipt can prove a purchase and price, but it does not establish the truth of every allegation in a review or prevent a claim from being brought.
Can I face proceedings even if my review is true?
Yes. A dispute may proceed while the court assesses the evidence and available defences. Having a defence does not remove the need to respond to a summons or comply with procedural requirements.
Will deleting my review end the dispute?
Not necessarily. Deletion may limit further publication, but it does not automatically resolve an existing claim or potential liability. Preserve a complete copy and supporting evidence before deciding whether to edit or remove the post.
Does a THB 1 million demand mean I must pay that amount?
No. The amount demanded is distinct from liability and the compensation a court may award. Both require legal and evidential assessment.
Legal assistance with a restaurant review dispute
Siam Center Law Group can review disputed posts, demand letters and supporting evidence, and advise on responding to Thai defamation proceedings or negotiating a resolution.
This article provides general information about Thai law. A case-specific assessment requires the complete publication, the documents received and the relevant facts.
.
More Posts
Side Agreements in Thai 51:49 Companies: Can They Protect Your Investment?
Side agreements in Thai 51:49 companies are not automatically invalid. However, contracts designed to evade foreign business or land-ownership restrictions may be unenforceable and can jeopardise recovery of money. A Thai-majority shareholding ratio is not a guarantee of legality: the ownership tests, funding, actual rights and purpose of the arrangement all matter.
Can Public Complaints Lead to Visa Revocation in Thailand?
Public complaints can lead to visa revocation in Thailand, but they do not automatically justify it. A final criminal conviction is not always required. Authorities must still act on a lawful basis and supporting evidence. Temporary-stay revocation, detention, removal and re-entry restrictions are separate questions, and appeal deadlines can be short.
Thailand’s 2026 Narcotics Bills: Is Seven-Day Detention Already Law?
Thailand’s reported seven-day narcotics detention rule remains a proposal as of 23 October 2026. The bills submitted on 21 October do not themselves change current law. Possession above a personal-use presumption threshold does not automatically prove distribution, and the existing three-day detention power applies only within a specific statutory framework.
Interpol Red Notice in Thailand: Stay Revocation, Detention and Extradition
An Interpol Red Notice can trigger checks and jeopardise a foreign national’s permission to stay in Thailand. It does not automatically authorise extradition. Revocation of temporary stay, immigration detention, removal and extradition have different legal bases and procedures. The actual orders, identity records and applicable deadlines must be examined separately.
Table of Contents