Defamation

Your Reputation Is Not Negotiable

A defamatory statement can destroy a person's standing in the community overnight. One reckless social media post, one unverified news article, one careless remark repeated at a business function, and the damage is done. Malaysian law recognises two forms of defamation. Libel covers written or permanent forms of publication, including online posts, articles, photographs and broadcast material. Slander covers spoken words and other transient forms of communication. Both give rise to a right of action, but the evidential requirements differ in important ways.

The Defamation Act 1957, read together with the common law principles inherited from the English legal tradition, governs this area of practice in Peninsular Malaysia. A claimant must prove that the statement was published to a third party, that it referred to the claimant, and that it was defamatory in the sense that it tended to lower the claimant's reputation in the eyes of right-thinking members of society. Defences include justification (truth), fair comment on a matter of public interest, and absolute or qualified privilege.

The digital landscape has changed the nature of defamation work considerably. A Facebook post or a WhatsApp message can reach hundreds of people in minutes. Content shared on platforms like TikTok, X (formerly Twitter) and Instagram often crosses jurisdictional boundaries, raising difficult questions about which court has authority to hear the matter. Section 114A of the Evidence Act 1950 creates a presumption that the owner or administrator of a website or online account is the publisher of any content appearing on it, unless proven otherwise. This provision has significant implications for anyone facing allegations of online defamation.

Time is critical in defamation cases. The limitation period under the Limitation Act 1953 is six years from the date of publication, but the practical reality is that delay weakens the case. Witnesses' memories fade. Online content gets edited or deleted. An early application for an interlocutory injunction under Section 4 of the Defamation Act 1957 may be necessary to prevent further publication while the matter proceeds to trial.

How We Can Help

Our firm acts for both claimants and defendants in defamation proceedings. For claimants, we pursue damages, apologies and injunctions through the civil courts. For defendants, we scrutinise the pleaded case to identify weaknesses and available defences. We also advise on pre-litigation strategies, including the drafting of letters of demand and the negotiation of settlements that avoid the cost and publicity of a court hearing.

Relevant Legislation

• Defamation Act 1957 (Act 332)
• Evidence Act 1950 (Section 114A)
• Limitation Act 1953 (Act 254)
• Communications and Multimedia Act 1998
• Printing Presses and Publications Act 1984
• Rules of Court 2012 (injunctive relief)