Will an apology end a defamation claim?

When a defamation letter arrives, many people's first instinct is to say sorry. Sometimes that is exactly right. But an apology has legal effects, and a badly worded one can make things worse. This guide explains what an apology does under Malaysian law, from both sides.

Can an apology settle the dispute?

Yes, often. Many defamation complaints end with a negotiated settlement: the post is taken down, an agreed apology is published, and the parties sign terms. Whether an apology alone is enough depends on what the claimant wants and how serious the harm was. Claimants often also ask for an undertaking not to repeat the words, and sometimes for damages and costs.

If you are the person defamed, you are not obliged to accept an apology. If you are the person accused, there is no rule that an apology must be accepted.

Apology in mitigation of damages

If the case goes to court, the defendant may give evidence, in mitigation of damages, that they made or offered an apology before the action began, or as soon as they had the opportunity after it began. To do so, written notice must be given to the claimant when the defence is filed (Defamation Act 1957, s.10(1)).

Mitigation reduces damages. It is not a defence to liability. A prompt, full and sincere apology tends to count for more than a late or grudging one.

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Offer of amends for unintentional defamation

Section 7 applies where a person says the words were published innocently in relation to the claimant. Words are treated as published innocently if the publisher did not intend them to refer to the claimant and did not know of circumstances by which they might be understood to refer to them, or the words were not defamatory on their face and the publisher did not know they might be understood that way, and in either case the publisher took all reasonable care (s.7(5)).

An offer of amends must be expressed to be made under section 7 and must be accompanied by an affidavit setting out the facts relied on (s.7(2)). It means an offer to publish a suitable correction and sufficient apology, and to take reasonable steps to notify people who received copies (s.7(3)).

• If the offer is accepted and performed, no proceedings may be taken or continued against the person making it (s.7(1)(a)).
• If it is refused, it is a defence to prove the words were published innocently and the offer was made as soon as practicable and not withdrawn (s.7(1)(b)).

Wording an apology

• Identify the words or post being withdrawn.
• Say clearly that they are withdrawn and should not have been published.
• Avoid adding new allegations or excuses.
• Publish it where the original appeared, or as agreed.

What should I do first?

1. Stop further publication: take the post down and keep a copy.
2. Read the demand and identify the exact words complained of.
3. Decide quickly: early apologies carry more weight.
4. Agree the wording and where it will be published before posting.
5. Record the settlement in writing, including any undertaking.

Example

A shop owner forwards a message accusing a rival of selling counterfeit goods. He receives a demand. He takes it down the same day, offers a written apology in agreed terms and posts it in the same group. The rival accepts with a signed settlement. Had the case gone on, the early apology could have been relied on to reduce damages.

Common mistakes

• A "sorry if you were offended" apology that repeats the allegation.
• Publishing an apology without agreeing it, then being asked for another.
• Assuming an apology ends the matter without a signed settlement.
• Missing the notice requirement for relying on an apology in court.

When to speak to a lawyer

Speak to a lawyer before sending or accepting an apology in a defamation dispute, especially if damages or an undertaking are demanded. See our defamation page; you can also contact us.

Frequently asked questions

Does an apology admit liability?

It can be used against you as an admission in some circumstances. Settlement terms often deal with this, so agree the wording first.

Must I accept an apology?

No. The person defamed can still sue, though an early apology may reduce the damages awarded.

Can a company make an offer of amends?

Section 7 refers to "a person" who published the words; take advice on how it applies to your situation.

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Defamation Act 1957 (Act 286), AGC Laws of Malaysia
2. Office of the Chief Registrar, Federal Court of Malaysia (Judiciary portal)

Fact-checked on 17 Oct 2026