Think Before You Speak: Defamatory Remarks Made During a Neighbour Dispute May Result in Criminal and Civil Liability
Supreme Court Judgment No. 1547/2567
Many people assume that heated words exchanged during an argument are nothing more than an emotional outburst. However, a recent Supreme Court judgment serves as an important reminder that certain words may come with significant legal consequences.
Background
The dispute arose between two neighbours over home renovations involving a fence and an awning. The parties agreed to attend a meeting at the village clubhouse in an attempt to resolve the disagreement in the presence of third parties.
Unfortunately, the discussion escalated and ended badly.
During the meeting, the defendant made several insulting remarks towards the plaintiff, including
statements such as:
- “This clearly shows that she does not understand anything.”
- “She may be educated, but she has no manners.”
- “She does not even know the meaning of common sense or good manners.”
- “How unfortunate that I have to live next to such a terrible neighbour.”
The Supreme Court’s Decision
The Supreme Court held that these statements were not merely expressions of anger or frustration.
Rather, the remarks conveyed to those present that the plaintiff was an uncivilised, selfish, ill-mannered person who lacked common sense.
The Court found that the statements damaged the plaintiff’s reputation and exposed her to contempt and ridicule in the eyes of others. Accordingly, the defendant’s conduct constituted criminal defamation.
The Cost of a Moment of Anger
Although the Court recognised that the statements were made during a heated discussion, this did not excuse the unlawful conduct.
The defendant was therefore held liable both criminally and civilly.
Criminal Liability
- One month’s imprisonment; and
- A fine of THB 10,000.
The imprisonment sentence was suspended for two years.
Civil Liability
- Compensation of THB 50,000; and
- Statutory interest.
The plaintiff also requested that the defendant be ordered to publicly apologise by displaying a large apology sign at the village clubhouse.
The Court rejected this request, finding that monetary compensation was sufficient to remedy the damage suffered.
Practical Takeaway
Arguments between neighbours, business partners, colleagues, or family members can easily become emotional.
However, when insults are made in the presence of others, words such as “immoral,” “rude,” “terrible,” or similar derogatory remarks may be viewed by the courts as defamatory statements rather than mere expressions of frustration.
A few careless words spoken in anger may ultimately result in criminal prosecution, civil liability, reputational damage, and substantial financial consequences.
As this case demonstrates, exercising restraint and maintaining composure during disputes can be far less costly than defending a defamation claim afterwards.