Defamation Law in Penang 

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Protecting your good name 

If something untrue has been said or written about you — or if you have been accused of defaming someone — we can help you understand where you stand and what to do next.

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How we help

We act for people who have been defamed, and for people who have been accused of defaming others. We can help you:

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• understand whether a statement is likely to be defamatory, and what your realistic options are;

• prepare a letter of demand seeking removal, correction, an apology or compensation;

• try to resolve matters through negotiation;

• apply to court for an injunction to stop a statement being repeated;

• bring or defend a claim for damages;

• respond if you have received a letter of demand or been sued.

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Frequently Asked Questions

 

What is defamation?

Defamation is a false statement that harms your reputation — your good name in the eyes of others. In Malaysia it is dealt with mainly under the Defamation Act 1957 and the general law of tort. It covers both written and spoken statements.

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What is the difference between libel and slander?

Libel is defamation in a permanent or lasting form, such as writing, print, or online posts and videos. Slander is defamation that is spoken and not recorded. Most social media and online cases are treated as libel, because the words stay in a fixed form.

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Is a social media or WhatsApp post defamation?

It can be. A post, comment, video or message can be defamatory if it makes a false statement that harms someone's reputation and at least one other person sees it. Sharing or forwarding someone else's defamatory post can also create legal risk. Whether a particular post crosses the line depends on its exact words and context, so it is best to get advice.

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What do I have to prove to win a defamation claim?

Generally, you must show three things: that the words are defamatory (they would lower you in the eyes of ordinary, reasonable people); that the words refer to you, even if you are not named; and that the words were published — that is, communicated to at least one other person besides you.

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What are the common defences to a defamation claim?

Common defences include justification (that the statement is actually true), and fair comment or honest opinion (a genuine opinion on a matter of public interest, based on true facts). There is also privilege, which protects certain statements — for example, things said in court or Parliament, or where a person has a duty to speak and the listener has a proper interest in hearing it. Whether a defence applies depends on the facts.

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What can I claim if I have been defamed?

The court can award damages — money to compensate you for the harm to your reputation and feelings. It can also grant an injunction, which is an order stopping the person from repeating the statement. You may also seek an apology, a correction, or removal of the content. What is suitable depends on your situation.

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Do I have to go to court straight away?

No. A common first step is a letter of demand — a formal letter asking the other person to remove or correct the statement, apologise, and sometimes pay compensation. Many disputes are resolved at this stage, without going to court.

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How long do I have to bring a defamation claim?

Time limits apply, so it is important not to delay. In Malaysia, the time limit for civil claims comes from the Limitation Act 1953, and for defamation it is generally counted from when the statement was published — often six years. Because online posts can be republished and the position can be more complex, you should check the current time limit with a lawyer as early as possible.

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Someone has accused me of defaming them — what should I do?

Try not to panic, and avoid deleting or reposting things in a way that could make matters worse. Keep copies of the posts, messages or letters involved. Get legal advice quickly — there may be a defence available to you, and there are usually deadlines for responding to a letter of demand or a court claim.

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Is defamation a crime in Malaysia?

This page is about civil defamation — a private claim between people, usually seeking an apology, a correction, removal, or damages. Separately, some statements, especially online ones, can also raise issues under other laws, including criminal ones. If you are concerned about that, you should get advice on your own situation.

 

Defamation Law in Malaysia | Khaw Ewe Seng & Co, Penang

Plain-English guidance on defamation, libel and slander under Malaysian law. Learn your options if you have been defamed or accused, and how we can help.

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