When anger flares or arguments erupt at home, many may lose control of their emotions. However, if such venting occurs "in front of a third party" or friends, what began as a private matter can escalate into a major legal issue with potential jail time.
Following viral online claims that "a wife insulting her husband in front of friends faces up to 1 year in prison and a fine of up to 20,000 baht," the Office of the Permanent Secretary for Justice has investigated and clarified the facts to ensure the public correctly understands the law.
Criminal Code Section 326 clearly states:
"Whoever makes false statements about another person to a third party in a manner likely to damage that person's reputation, cause them to be scorned or hated, commits the offense of defamation and shall be punished by imprisonment for up to one year, a fine not exceeding 20,000 baht, or both."
For an act to be considered defamation, the words spoken must cause the person referred to lose reputation, be scorned, or hated—especially if concerning
immoral behavior or corruption,
sexual misconduct (adultery),
professional duties or financial status.
Although spouses have the legal right to sue if defamed, the Office of the Permanent Secretary for Justice emphasizes that not all insults between spouses constitute criminal defamation.
Determining guilt lies with the court, which evaluates
the words or written statements used at the time,
along with the context and circumstances to assess whether there was true intent to damage reputation, cause scorn, or hatred. Each case is carefully considered on its own merits.