Defamation Law in Malaysia: 15 Myths and Facts Explained by a Top Defamation Lawyer

BY MESSRS LUI BHULLAR

Defamation Law in Malaysia: 15 Myths and Facts Explained by a Top Defamation Lawyer

When it comes to how to sue for defamation in Malaysia, misinformation is widespread. Many people mistakenly believe that only celebrities or politicians get sued for libel or slander, or that reposting a statement absolves them from liability. In reality, anyone can be sued for defamation—especially on social media.

This article debunks 15 common myths and facts about defamation in Malaysia, using insights from actual court practice, to help you avoid legal pitfalls. Whether you're a business owner, content creator, or casual social media user, these truths may surprise you.

💬 Myth and Fact 1: “If I Don’t Name the Person, I Can’t Be Sued.”

Myth: If I didn’t mention their name, I’m safe from a defamation claim.

Fact: You can still be sued for defamation in Malaysia if a reasonable person could identify who you meant. Courts have ruled that even indirect references can be considered defamatory if the audience can link the statement to the person in question.

📱 Myth and Fact 2: “I Can’t Be Sued for Defamation on Social Media.”

Myth:Facebook, WhatsApp, or TikTok posts are too casual to be legally serious.

Fact: False. You can absolutely be sued for defamation on social media in Malaysia. Courts view online platforms as forms of publication. If your post harms someone's reputation and reaches a third party, it qualifies as online defamation and can result in civil action.

👨‍👩‍👧 Myth and Fact 3: “Only Celebs and Politicians Get Sued for Defamation.”

Myth: Defamation lawsuits are just for high-profile people.

Fact: Wrong. Anyone can file or face a civil defamation case in Malaysia. Businesspeople, teachers, lawyers, and even students have gone to court over defamatory remarks. What matters is the impact of the false statement, not the status of the victim.

🔁 Myth and Fact 4: “I Can’t Be Sued If I Only Share or Repost a Statement.”

Myth: I didn't write it—I just reshared it.

Fact: Reposting makes you legally responsible as the publisher of defamatory content. Under defamation law, every re-publication—even a retweet or WhatsApp forward—counts as a new instance of publication. If it causes reputational harm, you may be held liable.

⚖️ Myth and Fact 5: “They Must Prove Damages to Sue for Defamation.”

Myth: If they can’t show financial or emotional loss, they have no case.

Fact: Wrong. In Malaysia, the law presumes damage if the statement is clearly defamatory. Accusations of dishonesty, crime, or professional misconduct don’t require proof of actual loss. These are called defamatory per se statements, and courts can award defamation damages in Malaysia even without evidence of harm.

💬 Myth and Fact 6: “If I Say ‘Allegedly’, I Can’t Be Sued.”

Myth: Putting “allegedly” in front of a serious accusation protects me.

Fact: Using “allegedly” does not automatically protect you from a defamation claim. If the overall message implies guilt or wrongdoing, you may still be held liable. The court considers how a reasonable person interprets the full context.

🤔 Myth and Fact 7: “I Can’t Be Sued If I’m Expressing My Personal Opinion.”

Myth: I was just giving my opinion—it’s not a fact.

Fact: Opinions can be defamatory if they imply a factual basis. Saying someone is a “scammer” or “corrupt” may appear to be an opinion, but if it implies criminal or unethical conduct, it can be considered libel or slander and is actionable in court.

📲 Myth and Fact 8: “WhatsApp Group Chats Are Private and Safe.”

Myth: I can say what I want in private groups.

Fact: You can still be sued for defamation in Malaysia even in private WhatsApp or Telegram groups. Once a message is read by others, it counts as publication. If it contains false, damaging claims, you're at risk—even if you thought the group was confidential.

😂 Myth and Fact 9: “It Was Just a Joke or Sarcasm—Not Defamation.”

Myth: Nobody took it seriously—it was meant as humor.

Fact: Jokes or sarcasm can still be defamatory if they imply false, harmful facts. If others reasonably believe your "joke" to be true, and it lowers the person’s reputation, you could face a lawsuit.

🗑️ Myth and Fact 10: “I Deleted the Post, So I’m Safe Now.”

Myth: Removing the defamatory content means no more legal risk.

Fact: Deleting a post doesn’t erase your legal liability. If it was seen or screenshotted before removal, it still counts as publication. Defamation claims can still be brought based on preserved evidence.

📄 Myth and Fact 11: “Only Written Statements Can Be Defamation.”

Myth:Verbal comments don’t count.

Fact: Spoken words can also be defamatory. Slander, the spoken form of defamation, is equally actionable as written libel. Public speeches, interviews, or voice messages can all lead to lawsuits if they damage someone’s reputation.

👤 Myth and Fact 12: “I Posted Anonymously—They Can’t Trace Me.”

Myth: Anonymous accounts protect me from legal action.

Fact: You can still be identified and sued. Courts in Malaysia can order platforms and internet service providers to reveal the identities of anonymous users in defamation cases.

🎯 Myth and Fact 13: “Public Figures Are Fair Game—I Can Say What I Want.”

Myth: Celebrities and politicians are open targets.

Fact: Public figures have reputations too and can sue for defamation. While the court may weigh public interest, you are not free to make false, damaging claims about politicians or celebrities without consequence.

😡 Myth and Fact 14: “If I’m Offended, I Can Sue for Defamation.”

Myth: If a comment hurts my feelings, I have a defamation case.

Fact: Offence alone is not enough. The statement must harm your reputation in the eyes of others. Not every insult or disagreement qualifies under defamation law.

🕰️ Myth and Fact 15: “Defamation Cases Are Long and Pointless.”

Myth: It takes years and isn't worth the effort.

Fact: Many civil defamation cases in Malaysia are resolved quickly, especially when a cease and desist letter is issued early or when parties settle out of court. With the right legal help, you can stop further damage and potentially receive compensation.

✅ Conclusion: Know Your Legal Boundaries in the Digital Age

Understanding the myth and fact behind defamation law in Malaysia is more important than ever—especially with how fast content spreads online. Whether you're the one making a statement or the one being targeted, Malaysian courts take libel and slander seriously.

If you’re facing defamatory accusations or need to protect your reputation, get in touch with a qualified defamation lawyer in Malaysia. Legal options such as issuing a cease and desist letter, filing a civil defamation case, or claiming defamation damages in Malaysia are well within 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

📞 WhatsApp: +60143000970