Paper Title
Review of Defamation Laws in Thailand: A Comparative Study of Civil Liability in English Law

Abstract
Thailand’s Criminal Code defines defamation offenses in two categories which are general defamation and defamation through advertising. Additionally, the law outlines exceptions to liability and penalties for these offenses. However, a growing number of criminal defamation cases in Thailand highlights issues stemming from the inappropriate criminalization of defamation because defamation is classified as a criminal offense with disproportionate penalties that do not align with the gravity of the acts committed. This has led to a significant backlog in criminal defamation cases, prolonging proceedings in both the preliminary and trial stages, and consequently delaying the judicial process. Defamation as a criminal offense in Thailand adversely affects the reputation of victims, subjecting them to contempt, hatred, humiliation, and a loss of credibility in society. A comparative analysis with English law reveals significant differences in the legal framework governing defamation. In England, verbal defamation is treated as a civil matter, while defamation through advertising primarily incurs civil liability but may also attract criminal penalties in specific circumstances. According to the study, criminal defamation laws in Thailand impose penalties that are neither necessary nor proportionate. If Thailand adopts the English approach by decriminalizing general defamation and addressing it through civil law, it could alleviate the burden on the criminal justice system. Such a reform would also align the country’s legal framework with principles of fairness and efficiency, addressing defamation cases more effectively while reducing the strain on state resources. Keywords - Defamation Offenses, Advertising, Civil Liability