Lawyer: Sharing Viral Video Also Breaks Law

Prominent lawyer Saiyahut Phengbunchoo has provided legal analysis on the case of a wife who posted a video shaming her husband and his mistress after discovering their secret relationship. The clip became viral online, garnering over 70 million views.

According to the lawyer, the original poster faces two main criminal charges: first, uploading obscene material to a computer system under the Computer Crime Act, Section 14(4), which defines obscene material as content that would be considered repulsive to people of good moral character, carrying a penalty of up to 5 years imprisonment or a fine not exceeding 100,000 baht. The second charge is defamation through broadcasting, as the actions caused shame and contempt to the woman in the video and her husband.

Even if the post is later deleted, the offense remains valid because the crime was completed at the time of posting, when millions had already viewed it. Deleting the post—whether by the platform or by the poster themselves—may only serve as a mitigating factor in sentencing or demonstrate an attempt at remedy and repentance.

Those who share or forward the video also face criminal liability under the Computer Crime Act, with penalties of up to 3 years imprisonment or a fine not exceeding 60,000 baht. If someone shares the video while knowing it defames others, they also face criminal charges, though with lighter penalties than the original uploader.

Regarding the husband and mistress, they do not face criminal charges in this case, but the matter falls under civil law. The husband's infidelity provides grounds for divorce, and if the relationship is proven to constitute adultery, the wife may sue the mistress for damages under civil law.

The lawyer emphasizes that proper legal channels exist and cautioned against posting or livestreaming videos to shame others, as doing so makes one criminally liable instead.