Criminal Liability and Punishment on Online Insult

Abstract

The objectives of this research article are 1) to study related concepts regarding criminal liability for online insults; 2) to study and compare legal principles regarding online insulting others in Thailand and abroad, including analyzing the legal provisions of such law in Thailand; and 3) to find suggestions for developing relevant law in Thailand. This research study is qualitative research. The study was conducted from books, documents, articles, theses, meeting reports, websites, and legal provisions related to criminal liability for online insults, in Thai and foreign languages. The qualitative data obtained from the study and analysis of various documents were analyzed to show connections and relationships in various aspects. The analysis came out in the form of a description.

The study found that Thailand stipulates liability for insulting others in Section 393 of the Criminal Code, with a prison sentence not exceeding one month or a fine not exceeding ten thousand baht or both. This petty offense is not consistent with the dire consequences currently occurring. This is different from the penalty under the law of the Republic of Korea, Federal Republic of Germany, and People's Republic of China set for one year of imprisonment (under the Republic of Korea and Federal Republic of Germany laws or three years under People's Republic of China law)

For this reason, it is recommended that Section 393 of the Criminal Code should be amended as “Whoever, insulting the other person in his presence, shall be imprisoned not exceeding one month or fine not exceeding one thousand Baht, or both.” Moreover, the Section 326/1 should be amended as “Whoever, insulting the other person by publication, shall be imprisoned not exceeding one year or fine not exceeding twenty thousand Baht, or both.”