Defamation Law in Malaysia: Libel, Slander and Remedies

Published: 12 February 2025 · Civil Litigation

The Law of Defamation

Defamation law in Malaysia is primarily governed by the Defamation Act 1957, which applies across Peninsular Malaysia and has its roots in English common law. A defamatory statement is one that tends to lower the plaintiff in the estimation of right-thinking members of society generally, or causes them to be shunned or avoided, or exposes them to hatred, contempt or ridicule. The test is objective. It does not depend on whether the defendant intended to cause harm, though malice can aggravate damages. The statement must be published, meaning it must have been communicated to at least one person other than the plaintiff. In the digital age, a single social media post can constitute publication to thousands of people within hours.

Libel Versus Slander

Malaysian law draws a distinction between libel and slander. Libel refers to defamatory statements in permanent form, such as written words, printed articles, photographs, cartoons, and online posts. Slander covers defamatory statements in transient form, typically spoken words or gestures. The practical significance of this distinction lies in the requirement to prove special damage. For slander, the plaintiff must generally prove that they suffered specific financial loss as a result of the defamatory statement. Libel, by contrast, is actionable per se, meaning the plaintiff does not need to prove actual financial loss. This makes libel claims generally easier to pursue, particularly in cases involving online publications where the defamatory content remains accessible indefinitely.

Defences to a Defamation Claim

The Defamation Act provides several defences. Justification, or truth, is a complete defence. If the defendant can prove that the statement was substantially true, the claim will fail regardless of the damage caused. Fair comment is another important defence, which protects expressions of opinion on matters of public interest, provided the comment is based on true facts and is made honestly. Qualified privilege protects statements made in the course of a legal, moral or social duty, such as a reference given by a former employer. Absolute privilege applies to statements made in parliamentary proceedings and judicial proceedings, where the public interest in free speech outweighs the individual's right to reputation. The burden of proving these defences lies on the defendant.

Remedies and Damages

A successful plaintiff in a defamation action is entitled to damages, which may be compensatory, aggravated or exemplary. Compensatory damages are intended to compensate the plaintiff for the injury to their reputation and the distress caused. Aggravated damages may be awarded where the defendant's conduct was particularly reprehensible, such as refusing to apologise or repeating the defamatory statement after being put on notice. Exemplary damages are rare in Malaysian defamation law but may be awarded in cases where the defendant has calculated that the financial gain from the publication outweighs the potential damages. In addition to monetary compensation, the court may grant an injunction to restrain further publication of the defamatory statement.

Messrs S.K. Song has extensive experience in defamation litigation, including cases involving social media and online publications. Whether you need to protect your reputation or defend yourself against a defamation claim, our team can provide strategic and effective legal representation. Contact us at 07-334 2188.