Defamation and online defamation

If someone has published a false statement that lowers your reputation, including a social media post or a WhatsApp group message, you may be able to sue for defamation under the Defamation Act 1957. Act quickly: save the evidence, and get advice early, because defamation claims are time-sensitive. We act for people and businesses who have been defamed, and for those who have been accused of defaming someone.

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What you need to prove

The words are defamatory: they would lower you in the eyes of reasonable people.
The words refer to you, by name or in a way that identifies you.
The words were published to at least one other person. A message read by one other member of a WhatsApp group can be enough.

Libel (written, broadcast and online posts) is actionable without proving financial loss. Slander (spoken words) usually needs proof of loss, with some exceptions in sections 4 and 5 of the Act.

Common defences

Justification (truth) under section 8
Fair comment / honest opinion on a matter of public interest
Absolute and qualified privilege
Apology and offer of amends, which can reduce damages

Online posts and anonymous accounts

Section 114A of the Evidence Act 1950 can presume that the owner of an account published what appears on it. If the poster is anonymous, the High Court can order platforms or service providers to disclose identity through a Norwich Pharmacal order. Posts can also raise issues under section 233 of the Communications and Multimedia Act 1998, but that is a criminal route decided by the Public Prosecutor; a civil claim is usually the more direct remedy.

What to do first

Screenshot everything with the URL, date and account visible.
Note who has seen it and any harm caused (lost clients, messages received).
Don't reply in anger online. It can make matters worse.
Speak to a lawyer about a letter of demand for takedown, retraction and apology.

Remedies

General and aggravated damages, injunctions to stop further publication, orders to remove content, and published apologies. In urgent cases the High Court can grant an interim injunction, but the threshold is high.

FAQ

Can I sue for a Facebook or TikTok post?

Yes. Online posts are treated on the same principles as print. What matters is the meaning, identification and publication.

Is a private WhatsApp group message defamatory?

It can be. If it carries a defamatory meaning, refers to you, and at least one other member read it, it has been published. The Federal Court has warned that half-truths in group chats can be actionable.

Can I find out who is behind an anonymous account?

Often, yes, through a court disclosure (Norwich Pharmacal) order against the platform or service provider.

How long do I have to sue?

Generally six years from publication, under section 6(1)(a) of the Limitation Act 1953. Defamation claims are still time-sensitive. Treat it as urgent and get advice on your exact deadline straight away, as evidence also disappears quickly online.

Someone defamed me on WhatsApp or Facebook — what should I do first?

Capture the evidence first: screenshots showing the post, the account, the date and the URL or group name, plus who saw it. Do not reply in anger or repost it. Identify who published it, report it to the platform, and get advice on a letter of demand. Act promptly: time limits apply to defamation claims, and delay can weaken a request for urgent relief.

I received a defamation letter of demand — how should I respond?

Do not ignore it and do not panic. Note the deadline, keep a copy of what you posted, and stop further sharing. Check what you actually said and whether a defence such as truth, fair comment or privilege may apply. Options range from a firm denial to a negotiated retraction or apology. Get advice before you reply, because your response can be used later.

Can my business sue over a defamatory Google review in Malaysia?

Sometimes. A review that states false facts damaging your business's reputation may be defamatory, but honest opinion based on true facts is generally protected. Start with the platform's reporting process, respond calmly if at all, and keep evidence. Legal action may be appropriate for fake, competitor or seriously false reviews, but weigh the cost and publicity risk first.

Can I be sued for defamation just for sharing or forwarding someone else's post?

Yes. In defamation law, repeating or republishing a defamatory statement can make you liable, even if someone else wrote it. Forwarding on WhatsApp, sharing on Facebook or reposting on TikTok can all be publication. "I only shared it" is not a defence by itself. If you receive a demand, keep a record, stop sharing, and get advice quickly.

What will I be asked in cross-examination in a defamation case?

In a Malaysian defamation trial, a plaintiff is usually cross-examined on their reputation, who actually saw the words, how they were affected and their own conduct. A defendant is usually asked about their source, whether the words are true, and their motive. Your only job is to answer truthfully.

I posted an honest bad review and the business threatens to sue me. What are my defences?

An honest review is not automatically safe, but the law gives defences. Justification protects statements that are substantially true, and does not fail just because every detail is not proved (Defamation Act 1957, s.8). Fair comment protects honest opinion on a matter of public interest based on true facts, even if not every fact is proved, so long as the comment is fair on the facts proved (s.9). Keep your evidence, do not escalate the wording, and answer a letter of demand carefully.

My former employer said damaging things about me to a new employer. Can I sue?

A reference or remark to a prospective employer can be defamatory if it is false and lowers your reputation. References are usually protected by qualified privilege, because the former employer has a duty and the new employer an interest, but the protection is lost if you prove malice, such as knowing the statement was false or using the occasion for an improper motive. Spoken words that disparage you in your profession or trade are actionable without proof of financial loss (Defamation Act 1957, s.5).

Will an apology end a defamation claim?

An apology does not automatically end a claim, but it often helps. Many disputes settle with an agreed apology and takedown. If the case goes on, an apology made or offered early can be given in evidence to reduce damages, if written notice is given when the defence is filed (Defamation Act 1957, s.10). Where the words were published innocently, an offer of amends with a correction, apology and supporting affidavit can bar the claim if accepted, or be a defence if refused (s.7).

Someone spread spoken lies about me. Do I have to prove financial loss to sue for slander?

Libel (written or permanent form) is actionable without proof of loss. Slander (spoken words) usually requires proof of special damage, meaning actual financial loss. But the Defamation Act 1957 removes that requirement where the words impute unchastity or adultery to a woman or girl (s.4), or are calculated to disparage you in your office, profession, calling, trade or business (s.5). At common law, words imputing a crime punishable by imprisonment are also actionable without proof of loss. Broadcasts count as permanent form (s.3).

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