Table 2. Definitions of defamation in the six states Country Definition Pakistan Section 499, Pakistan Penal Code: Whoever by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person. Explanation 1.– It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives. Explanation 2.– It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such. Explanation 3.– An imputation in the form of an alternative or expressed ironically, may amount to defamation. Explanation 4.– No imputation is said to harm a person’s reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgraceful. Thailand Section 3, Defamation Act, 2004: (1) Any wrongful act or publication or circulation of a false statement or representation made orally or in written or visual form which injures the reputation of a person, tends to lower him in the estimation of others or tends to reduce him to ridicule, unjust criticism, dislike, contempt or hatred shall be actionable as defamation. (2) Defamation is of two forms, namely:– (i) Slander; and (ii) Libel. (3) Any false oral statement or representation that amounts to defamation shall be actionable as slander. (4) Any false written, documentary or visual statement or representation made either by ordinary form or expression or by electronic or other modern means of devices that amounts to defamation shall be actionable as libel. Section 326, Thai Penal Code: Whoever, imputes anything to the other person before a third person in a manner likely to impair the reputation of such other person or to expose such other person to be hated or scorned, is said to commit defamation, and shall be punished with imprisonment not exceeding one year or fined not exceeding twenty thousand Baht, or both. Section 329, Thai Penal Code: Whoever, in good faith, expresses any opinion or statement: By way of self justification or defense, or for the protection of a legitimate interest; In the status of being an official in the exercise of his functions; By way of fair comment on any person or thing subjected to public criticism; or By way of fair report of the open proceeding of any Court or meeting, shall not be guilty of defamation. Definitions of offences differ across states While the six states share commonalities in their criminalisation of speech and expression, the way in which the offences are understood in these states differs. For instance, the ways in which defamation is understood in the six states is illustrated in Table 2. At a glance, it is clear that the definitions of defamation in India, Malaysia, Myanmar and Pakistan are the same. Their common colonial past throws light on this. In these countries, defamation is defined on the basis of four factors: (1) there must be a publication or speech of an imputation; (2) there must be intent, knowledge or reason to believe that such imputation will harm the reputation of the subject of the imputation; (3) the imputation must lower “the moral or intellectual character of that person”; and (4) such a lowering of character must occur in the estimation of others. It should be noted that there is no requirement of bad faith in making the imputation. There are also general defences, of truth, opinion in good faith under certain circumstances, or the public good. However, the definitions of defamation in Cambodia and Thailand are markedly different. In 30 / Unshackling Expression