Defamation in Malaysia: Protecting Your Reputation and Your Business

Your reputation is one of your most valuable assets. When a false statement damages it — whether in print, in speech, or in a social media post — Malaysian law gives you a way to respond. This guide explains the essentials of defamation law in Malaysia.

What is defamation?

Defamation is the publication of a false statement that lowers a person or business in the estimation of right-thinking members of society. It comes in two forms: libel (in a permanent form, such as writing, a newspaper article, a video or an online post) and slander (spoken words). In Malaysia, defamation is governed mainly by the Defamation Act 1957 and a long line of court decisions.

What you must show

To succeed in a defamation claim, you generally need to establish three things:

• The words are defamatory — they tend to harm your reputation;

• The words refer to you — an ordinary reader or listener would understand them to be about you; and

• The words were published — communicated to at least one person other than you.

Defamation online and on social media

Facebook posts, TikTok and YouTube videos, WhatsApp messages and Google reviews can all be defamatory. Malaysian courts have awarded damages in many cases involving online publications. Because content spreads quickly, acting early — for example by seeking removal of the content and preserving evidence — is often important.

Common defences

A person sued for defamation may rely on defences including justification (the statement is true), fair comment (an honest opinion on a matter of public interest based on true facts), and privilege (certain occasions, such as statements in court or Parliament, are protected). Whether a defence succeeds depends closely on the facts.

Remedies

If a claim succeeds, the court may award damages to compensate for the harm to your reputation, and in appropriate cases an injunction to stop the statement being repeated. Many disputes are resolved before trial through a letter of demand seeking an apology, a retraction and compensation.

How Khaw Ewe Seng & Co. can help

Our firm has broad experience in defamation and reputation matters, acting for both those whose reputations have been attacked and those who have been accused. We can advise on the strength of a claim or defence, issue or respond to a letter of demand, and pursue removal, an apology, damages or an injunction where appropriate.

Khaw Ewe Seng & Co. — Advocates & Solicitors. 605 & 607 (1st Floor), Jalan Dato Keramat, 10460 George Town, Penang. Tel: +60 4-226 6212. Established 1976.

Disclaimer: This article is general information about Malaysian law and is not legal advice. Every case turns on its own facts. Please consult a lawyer about your specific situation.