Defamation by Anonymous Persons Online in Malaysia: Legal Remedies and Court Orders

by MESSRS LUI BHULLAR

Defamation by Anonymous Persons Online in Malaysia: Legal Remedies and Court Orders

Introduction: Defamation Law and the Challenge of Anonymous Online Offenders

The rise of social media platforms like Facebook, TikTok, and WhatsApp has resulted in a surge in defamatory content being shared online. Often, these defamatory statements are posted anonymously, making it difficult for victims to take legal action. If you're facing social media defamation in Malaysia by an unknown user, the law offers avenues to identify the perpetrator and seek justice. This guide, curated by an experienced defamation lawyer in Malaysia, explains how you can trace anonymous wrongdoers through legal means and pursue compensation under the Defamation Act 1957.

1. Governing Law and Orders for Anonymous Defamation Cases

1.1 Defamation Law in Malaysia

Defamation law in Malaysia is primarily governed by the Defamation Act 1957 and supplemented by English common law through the Civil Law Act 1956. Victims can bring a claim if they meet the legal requirements for defamation, but identifying anonymous perpetrators requires specialised legal procedures.

1.2 Pre-Action Discovery Under Order 24 Rule 7A – Rules of Court 2012

Pre-action discovery allows a person to obtain documents before initiating a lawsuit. This is crucial when the identity of the defamer is unknown, particularly in online defamation involving pseudonymous users.

Process:

• File an Originating Summons (if pre-litigation), making the suspected data-holder (e.g., Meta or ByteDance) the defendant.

  
  

• File a Notice of Application (if after litigation has commenced), served personally.

Both must be supported by an affidavit stating:

• Grounds of application

• Facts of intended proceedings

• Identity or possible involvement of the respondent

• Relevance of requested documents

In cases of Facebook defamation in Malaysia or WhatsApp defamation in Malaysia, discovery may be sought from Meta, TikTok (ByteDance), or ISPs to identify account owners.

1.3 Norwich Pharmacal Order (NPO)

The Norwich Pharmacal Order is a judicial tool recognised in Malaysia for identifying wrongdoers when third parties (e.g., ISPs, platform providers) hold critical information. Originating from Norwich Pharmacal Co v Customs & Excise Commissioners, the principle is now applied in Malaysian cases involving civil defamation.

A party that facilitates wrongdoing—even innocently—may be compelled to disclose a wrongdoer's identity. This discovery order is widely used by civil defamation case lawyers in Malaysia when anonymous users publish harmful content.

Test for Norwich Pharmacal:

• A bona fide claim of defamation exists.

• The plaintiff requires the identity to take legal action.

• The third party was "mixed up" in the wrongdoing.

• The third party likely has the information.

• The request is necessary and proportionate.

In Stemlife v. Bristol-Myers Squibb (M) Sdn Bhd, the court held that website operators could be compelled to disclose the identity of pseudonymous users who made defamatory statements online.

2. Legal Elements of Defamation

To succeed in a defamation suit under defamation law in Malaysia, the plaintiff must prove:

2.1 Defamatory Statement

The statement must lower the plaintiff's reputation in the eyes of right-thinking members of society. This includes being exposed to hatred, ridicule, or contempt.

2.2 Reference to the Plaintiff

Even if unnamed, the statement must allow reasonable readers to identify the plaintiff.

2.3 Publication to a Third Party

The statement must be communicated to someone other than the plaintiff.

3. Importance of Engaging a Defamation Lawyer in Malaysia

Whether you are a victim of anonymous online defamation in Malaysia or a respondent to a defamation claim, you need expert legal advice. An online defamation lawyer in Malaysia can:

• File discovery orders under Order 24 Rule 7A

• Apply for Norwich Pharmacal Orders

• Identify anonymous perpetrators on platforms like Facebook or WhatsApp

• File and defend civil defamation claims

• Maximise or reduce defamation damages awarded in Malaysia

From Facebook defamation Malaysia to WhatsApp group defamation, the right legal approach ensures your reputation is defended, and perpetrators are held accountable.

Conclusion: Holding Anonymous Defamers Accountable

Anonymous defamatory statements on social media are not beyond the reach of the law. With the right evidence, court procedures, and legal representation, victims can unmask wrongdoers and seek compensation under defamation law in Malaysia. Whether you're a business, public figure, or private individual, consult a qualified civil defamation case lawyer in Malaysia or an online defamation lawyer in Malaysia to protect your reputation and enforce your rights.

Need Legal Advice on Defamation?

If you're unsure how to sue for defamation in Malaysia or need to identify the person behind defamatory online content, consult our legal team today. At Messrs Lui & Bhullar, we combine strong legal strategy with digital expertise to hold online defamers accountable.

📧 Email: general@luibhullar.com

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