Defamation Lawyers in Malaysia
Our defamation lawyers act for people and businesses in Malaysia whose reputation has been attacked in print or online, and for those who receive a letter of demand over something they said, wrote or posted.
- Libel and slander
- Online posts and reviews
- Claimants and defendants
- Online consultations
How We Can Help
- Letters of demand over defamatory posts and articles
- Replying to a demand over something you posted
- Defamation suits for individuals and companies
- Defences of truth, fair comment and privilege
- Negative reviews and social media exposure posts
- Court orders to identify anonymous online posters
Reviewed by Ms. Khoo Ai Theng, Founder, Advocate & Solicitor of the High Court of Malaya. Last updated October 2026.
Why Choose Us?
15+ Years
Legal experience
6 Years
To sue, counted from the date of publication
s 114A
Evidence Act presumption on who published a post
Both Sides
We act for claimants and for defendants
What counts as defamation in Malaysia?
Defamation is publishing a statement that lowers someone’s reputation in the eyes of reasonable members of society. In Malaysia it is governed by the Defamation Act 1957 (Act 286) together with the common law.
A claimant must prove three things on the balance of probabilities:
- the words are defamatory, in their natural and ordinary meaning or by innuendo
- they refer to the claimant, even if the claimant is not named
- they were published to at least one person other than the claimant
Libel is defamation in a permanent form, such as writing, a social media post or a recorded video, and can be sued on without proving financial loss. Slander is spoken or otherwise transitory. It usually requires proof of actual loss, but not where the words disparage a person in their office, profession, trade or business (section 5 of the Act). Individuals and companies can both sue, and a company’s claim protects its trading reputation. Disputes between businesses often overlap with wider commercial disputes.
Online posts, exposure posts and negative reviews
The same law applies online. A Facebook post, TikTok video, Google review or message in a WhatsApp group can be defamatory if it reaches people other than the person it is about.
- Under section 114A of the Evidence Act 1950, a person whose name, photograph or pseudonym appears on a publication as its owner, host or administrator, the subscriber of the network service it came from, and the person in control of the computer it came from are each presumed to be its publisher unless they prove otherwise.
- A page owner can be liable for defamatory comments by others that they know about and leave up, as the High Court held in GS Realty Sdn Bhd v Lee Kong Seng (2018).
- Making a police report is protected by absolute privilege, but the Federal Court has held that republishing its contents to the public is not. Posting a police report online to expose someone therefore carries real risk.
- An honest review of a genuine experience, stated as opinion on true facts, is far easier to defend than an accusation of dishonesty presented as fact.
Where the poster is anonymous, the court can order a platform or other third party to disclose identifying information through pre-action discovery or a Norwich Pharmacal type order.
Defences to a defamation claim, and remedies
A person sued for defamation in Malaysia may rely on one or more recognised defences.
- Justification means proving the words are true or substantially true. Under section 8 of the Defamation Act 1957, it does not fail only because every charge is not proved, if the unproved ones do not materially injure the claimant’s reputation given the truth of the rest.
- Fair comment protects honest opinion on a matter of public interest, based on true facts (section 9).
- Absolute privilege covers statements in court and in Parliament, and police reports. Qualified privilege covers statements made under a duty or common interest, unless made with malice, and the Reynolds defence protects responsible publication on matters of public interest.
- A person who published innocently can make an offer of amends under section 7, and an early apology can reduce damages under section 10.
If a claim succeeds, the court can award general damages, aggravated damages where the defendant’s conduct made the harm worse, and exemplary damages in serious cases, and can grant an injunction stopping further publication. Many cases settle on terms that include a published apology and retraction, removal of the post and an undertaking not to repeat it. A damages award is enforced like any other judgment debt; see debt recovery.
From letter of demand to court
Whichever side you are on, preserve the evidence first: screenshots showing the post, account name, date and link, with the comments and shares, plus anything showing who saw it.
For a claimant, the usual sequence is:
- a letter of demand asking for removal, a retraction and apology, an undertaking not to repeat the words, and compensation, within a short deadline
- negotiation, which often ends in a written settlement
- if that fails, a writ in the Sessions Court or the High Court, depending largely on the value of the claim, followed by pleadings, case management and trial
If you receive a demand, do not ignore it, and do not repost or argue in public. Taking the post down can limit further harm, but keep a copy. Take advice on whether the words can be defended and whether an apology or offer of amends makes sense; our pre-litigation advisory guide explains how demands are handled. In Peninsular Malaysia, a defamation claim must be filed within six years from the date of publication under the Limitation Act 1953. Cost depends mainly on whether the matter settles early or goes to trial.
Criminal defamation and online harm laws
In Malaysia, defamation can also be a crime, and separate laws deal with harmful communications and online platforms.
Section 499 of the Penal Code (Act 574) defines criminal defamation, and section 500 provides for imprisonment of up to two years, a fine, or both. A complaint starts with a police report, and whether to prosecute is for the Public Prosecutor.
Online posts can fall under section 233 of the Communications and Multimedia Act 1998 (Act 588). As amended with effect from 11 February 2025, it covers communications that are obscene, indecent, false, menacing or grossly offensive, made with intent to annoy, abuse, threaten or harass another person. The maximum penalty is a fine of RM500,000, two years’ imprisonment, or both. In February 2026 the Federal Court upheld the section but held that the intent must be the sender’s dominant purpose, shown by the circumstances rather than inferred from the content alone.
The Online Safety Act 2025 (Act 866), in force since 1 January 2026, places duties on licensed platforms, such as giving users a way to report harmful content, including content that causes harassment, distress, fear or alarm. It does not regulate individual users, so a person who has been defamed still relies on a defamation claim. For police investigations, see our criminal litigation page.
How NZSK handles defamation matters
We act for claimants and for defendants, subject to conflict checks, and every matter starts the same way: with the actual words and how they were published.
- At a consultation, online or in person at our Puchong or Mont Kiara office, we review the post, article or recording, the screenshots and any letter of demand before advising.
- We assess the meaning of the words, who saw them, the likely defences and whether a correction or apology would resolve matters sooner than litigation.
- We draft or answer the letter of demand, negotiate settlement terms and, where needed, take the claim or defence through the Sessions Court or High Court and any appeal.
- Where a post also raises workplace, criminal or data protection issues, we advise on those alongside the defamation question.
Partner Khoo Ai Theng (Maxine Khoo), an Advocate and Solicitor of the High Court of Malaya admitted in 2014, acts in civil litigation. We act for clients in Kuala Lumpur, Selangor and elsewhere in Malaysia from our offices in Puchong and Mont Kiara.
Frequently Asked Questions
In Peninsular Malaysia, a defamation claim must be filed within six years from the date of publication under section 6 of the Limitation Act 1953. Time runs from publication, not from when the person defamed found out. Waiting is still unwise: screenshots, witnesses and links can disappear, and a long delay can undermine any argument that urgent relief, such as an injunction, is needed. Sabah and Sarawak have separate limitation laws.
Yes. In Malaysia, a review, social media post or message can be defamatory if it is seen by at least one person other than the person it is about and lowers that person's or business's reputation, and a message in a WhatsApp group can count. Section 114A of the Evidence Act 1950 presumes that a person whose name, photograph or pseudonym appears on a publication as its owner or administrator published it. An honest opinion about a genuine experience, based on true facts, is easier to defend.
If you receive a defamation letter of demand in Malaysia, do not ignore it, and do not respond in anger or in public. Keep a copy of what you posted and any evidence supporting it, note the deadline in the letter, and get legal advice before replying. Depending on whether the words are true, fair comment or privileged, the right response may be a firm denial, a negotiated apology and removal, or an offer of amends.
Truth is a complete defence to a civil defamation claim in Malaysia, known as justification. The person who posted must prove the words are true or substantially true with admissible evidence. Section 8 of the Defamation Act 1957 allows the defence to succeed even if not every allegation is proved, provided the unproved ones do not materially injure the claimant's reputation. Belief, rumour or screenshots without context may not be enough.
Making a police report in Malaysia is protected by absolute privilege, so the maker cannot be sued for defamation over the report itself. The Federal Court has held, however, that republishing the contents of a police report to the public does not attract absolute privilege. Posting a report online, or reading it out at a press conference, can therefore lead to a defamation claim if the allegations are defamatory and cannot be defended.
Yes. In Malaysia, criminal defamation is an offence under section 499 of the Penal Code, punishable under section 500 with imprisonment of up to two years, a fine, or both. Separately, section 233 of the Communications and Multimedia Act 1998 covers online communications that are, among other things, false, menacing or grossly offensive and made with intent to annoy, abuse, threaten or harass, with a maximum fine of RM500,000, two years' imprisonment, or both. Whether to prosecute is for the Public Prosecutor.
No. The Online Safety Act 2025, in force in Malaysia since 1 January 2026, regulates licensed platforms rather than individual users. It requires them to reduce users' exposure to harmful content, publish user guidelines and provide a way to report harmful content, including content that causes harassment, distress, fear or alarm. It works through platform duties and enforcement by the MCMC, so a person who has been defamed can use the reporting channels, but compensation still depends on a defamation claim in court.
The cost of a defamation matter in Malaysia depends mainly on whether it settles after the letter of demand or goes to trial, how many publications and parties are involved, whether urgent applications or orders to identify an anonymous poster are needed, and the number of witnesses. A successful party usually recovers only part of its legal costs from the other side. We give a fee quotation after the consultation, once we have reviewed the post and the documents.
Defamed, or received a letter of demand?
We advise once we have reviewed your documents at a consultation, online or in person, at our Puchong or Mont Kiara office. Bring screenshots of the post or the letter of demand you received, and book on +603 8604 6580 or WhatsApp 012-401 4799.
- (+60)12-401 4799 | (+60)3-8060 0267
- [email protected]
Consultation by appointment at Mont Kiara, Kuala Lumpur and Puchong, Selangor, or online.
