The Criminal Court has ordered acceptance of the defamation case filed by Ben Smith against Rangsiman Rome, accusing him of defamation related to statements made during a parliamentary debate that alleged Smith was part of a scammer and call center gang. The court scheduled the testimony hearing for 23 February 2026 at 09:00.
On 12 January 2026 at the Criminal Court, the court accepted the defamation case filed by Benjamin Mauer Berger, a foreign businessman, against Rangsiman Rome, a party-list MP of the People's Party (PChon), accusing him of criminal defamation by publication. Smith also sought civil damages of 100 million baht. The case stems from Rangsiman's statements during a parliamentary debate on 30 September 2025, where he accused Smith of being part of a scammer and call center gang, causing damage and harm to Smith's reputation.
The court reviewed the evidence, including images, documents, and exhibits which consisted of the debate, posts, photographs, and video clips on Facebook. These materials were accessible to the public. Upon viewing, the public or third parties might understand that the plaintiff engaged in behavior as part of a group using deceptive schemes to obtain property or benefits unlawfully, involved in transferring, receiving, or altering assets related to criminal offenses of money laundering, and conducting illegal business activities.
The statements and actions of the defendant as alleged constitute defamatory communication to third parties by publication, likely causing the plaintiff to suffer damage to reputation, contempt, or hatred. This remains true even though the defendant made these statements and posts during his official duties as a member of the House of Representatives.
However, the defendant's statements made within the parliamentary session were broadcast outside the parliament via radio or television. Such statements constitute criminal offenses and civil rights violations against others. The plaintiff, who is not a member of parliament, had no opportunity to respond or debate. Therefore, the defendant does not have immunity under Section 124 of the 2017 Constitution of the Kingdom of Thailand. Regarding the defendant's claim that his actions are exempt from defamation charges under Criminal Code Section 329, the court found that such exemption applies only to honest opinions or statements. The defendant's debate took place during a government policy speech session. While as an MP he has the right to question policy implementation and related content,
the defendant's actions involved making unproven defamatory accusations against the plaintiff without clear evidence at this stage that the plaintiff was involved in scams, money laundering, or illegal business, unrelated to government policy. The court therefore found the plaintiff's case has merit under Criminal Code Section 328 and ordered the case to proceed, scheduling a joint hearing and testimony examination on 23 February 2026 at 09:00.