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Defamation is when someone says or writes something that hurts another person’s reputation. In Malaysia, defamation is covered by the Defamation Act 1957 and common law (laws made by judges through court decisions).

This blog explains what defamation means, how to prove it, and the defenses you can use if someone accuses you of defamation.

 

What is Defamation?

Defamation happens when a false statement damages a person’s reputation. It can be:

1.Libel – Defamation in a written form (e.g., newspapers, social media posts).

2.Slander – Defamation in a spoken form (e.g., verbal gossip, public speech).

Libel is taken more seriously because written words last longer and can spread widely.

 

How Do You Prove Defamation?

To prove defamation in Malaysia, you must show three things:

1.The statement is defamatory – It harms your reputation or makes people think less of you.

2.The statement refers to you – It must clearly point to you, even if your name is not mentioned.

3.The statement was shared with others – Someone else must have seen, read, or heard the statement.

Example: If someone writes on Facebook that you are a thief, and your friends or employer see it, you may have a defamation case.

 

What Are the Defenses Against Defamation?

If someone accuses you of defamation, you may defend yourself by proving:

1.Truth (Justification) – If what you said is true, it is not defamation.

2.Fair Comment – If you made a personal opinion about a public matter (without malice), it is allowed.

3.Qualified Privilege – Some statements are protected if made in certain situations, like police reports or court testimony.

4.Consent – If the person agreed to the statement being shared, they cannot claim defamation.

 

Defamation on Social Media

Posting false and harmful statements online can also be defamation. Courts in Malaysia treat social media posts the same as traditional media.

Example: If you post a false accusation on Instagram or WhatsApp, you can be sued for defamation.

 

What Can You Get If You Win a Defamation Case?

If you prove defamation, the court may award you:

•Money (Damages) – To compensate for harm to your reputation.

•Injunction – An order to stop the person from repeating the statement.

•Public Apology – The person may be asked to apologize and take back the statement.

 

Final Thoughts

1.Be careful about what you say or post—false statements that harm others can lead to legal action.

2.If someone accuses you of defamation, you may defend yourself by proving the truth or public interest.

3.Social media is not a free zone—what you post can have legal consequences.

If you have faced defamation or been accused of it, getting legal advice is always a smart move.

Would you like to know more about defamation cases in Malaysia or how to file a lawsuit? Let us know

 

MK