How Are Defamation Damages Determined in Malaysia?
- Messrs Lui & Bhullar
- Jul 30
- 4 min read
BY Messrs Lui Bhullar
How Are Defamation Damages Determined in Malaysia?
In Malaysian courts, damages for defamation are generally awarded under three categories:
General damages – These compensate for the harm caused to the claimant’s reputation, emotional distress, and loss of standing in the community. The court may presume general damages once it is established that the defamatory statement is false and damaging.
Aggravated damages – Awarded when the defendant acted maliciously, recklessly, or refused to apologise. If the defamatory publication was prolonged, widely distributed (e.g., via social media), or repeated after a warning, courts may increase the award.
Exemplary or punitive damages – These are meant to punish the wrongdoer and deter others, especially where the conduct is outrageous or oppressive, such as in cases involving online defamation in Malaysia through Facebook, WhatsApp, or other digital platforms.
In assessing the appropriate amount, Malaysian courts consider several factors:
The seriousness of the defamatory statement
The reach of the publication (e.g., national newspaper vs. private chat)
Whether the defamation occurred on social media platforms like Facebook, TikTok, or WhatsApp
The standing or position of the claimant (e.g., politician, business leader, or celebrity)
The conduct of the defendant before and after publication
Whether there was an apology or retraction
An experienced civil defamation case lawyer in Malaysia will evaluate these factors and use previous defamation damages awarded in Malaysia as a benchmark. They will also gather relevant evidence, identify whether aggravating elements are present, and pursue maximum compensation for defamation.
For victims of social media defamation in Malaysia, courts have increasingly recognised the long-lasting and viral impact of defamatory content online. This is why engaging an online defamation lawyer in Malaysia can help victims recover just and meaningful compensation.
Table: Defamation Damages Awarded in Malaysia
No. | Case | Court | Position of Claimant | Damages | Costs |
1 | Syed Husin Ali v. Sharikat Penchetakan Utusan Melayu Berhad & Anor | HC | Lecturer | $6,500 | With costs |
2 | Datuk Harris Mohd Salleh v. Abdul Jalil Ahmad & Anor | HC | Chief Minister of Sabah | RM100,000 | With costs |
3 | Dato' Musa Hitam v. S.H. AlAttas & Ors. | HC | Politician | RM100,000 | With costs |
4 | Tun Datuk Patinggi Haji Abdul Rahman Ya'kub v. Bre Sdn Bhd & Ors | HC (CA affirmed) | Former Chief Minister | RM100,000 | With costs |
5 | Ling Wah Press (M) Sdn Bhd v. Tan Sri Dato Vincent Tan Chee Yioun | FC | CEO of Berjaya Group | RM7,000,000 | With costs |
6 | Liew Yew Tiam & Ors v. Cheah Cheng Hoc & Ors | CA | Law Firm | RM100,000 | No costs |
7 | Karpal Singh Ram Singh v. DP Vijandran | CA | Lawyer/Politician | RM100,000 | Half costs of appeal |
8 | Utusan Melayu (M) Bhd & Ors v. Tjanting Handicraft Sdn Bhd & Anor | CA | Manufacturer | RM250,000 | With costs |
9 | Chin Choon v. Chua Jui Meng | CA | Deputy Minister | RM200,000 | No order |
10 | Datuk Harris Mohd Salleh v. Datuk Mohd Shafie Hj Apdal & Ors | HC (CA affirmed) | Politician | RM50,000 | RM100,000 |
11 | Dato' Seri Anwar Ibrahim v. The New Straits Times Press (M) Bhd & Anor | HC | Former Deputy PM | RM100,000 | RM20,000 |
12 | Dato' Hassan Mohamed Ali v. Tengku Putra Tengku Awang & Ors | HC | Politician | RM50,000 | RM100,000 |
13 | Chong Siew Chiang v. Ng Kim Ho & Anor | HC | Lawyer | RM150,000 | With costs |
14 | Dato' Dr Tan Chee Khuan v. Chin Choong Seng | HC | Doctor | RM150,000 | RM10,000 |
15 | Kumarasamy Naciappan v. The New Straits Times Press (M) Bhd | HC | Businessman | RM120,000 | RM15,000 |
16 | Lim Guan Eng v. Utusan Melayu (M) Bhd | HC | Chief Minister | RM200,000 | RM25,000 |
17 | Harry Isaacs & Ors v. Berita Harian Sdn Bhd | CA | Private School & Law Firm | RM300,000 total | RM50,000 |
18 | Tan Sri Dato' Lim Guan Teik v. Tan Kai Hee | HC | Business Chairman | RM200,000 | RM100,000 |
19 | Abdul Razak Mohd Noor v. Wan Muhammad Azri Wan Deris | HC | CEO | RM500,000 | RM50,000 |
20 | Datuk Seri Anwar Ibrahim v. Wan Muhammad Azri Wan Deris | HC | Politician | RM800,000 | RM50,000 |
21 | Jahara Hamid v. Lim Guan Eng | HC | Chief Minister | RM500,000 | RM40,000 |
22 | Dato' Ahmad Rejal Arbee & Anor v. Mahfuz Omar | CA | MP | RM110,000 | With costs |
23 | Sistem Televisyen Malaysia Bhd & Ors v. Nurullah Zawawi & Anor | CA | Celebrity & Lecturer | RM80,000 | — |
24 | Dato' Ahmad Sudin v. Dato' Ariffin Man | HC | State Assemblyman | RM150,000 | RM30,000 |
25 | Lim Guan Eng v. New Straits Times Press (M) Bhd | HC | Chief Minister | RM300,000 | RM35,000 |
26 | Nurul Izzah Anwar v. Tan Sri Khalid Abu Bakar & Anor | HC | MP | RM1,000,000 total | RM80,000 |
27 | Datuk Harris Mohd Salleh v. Datuk Yong Teck Lee & Anor | FC | Former CM | RM600,000 | RM200,000 |
28 | Warisan Pinang Sdn. Bhd. & Ors v. Carolyn Khor Tsai Chen | HC | PKR Chief | RM280,000 total | RM40,000 |
29 | Sri Lai Cha Suang @ Jessy Lai & Anor v. Lim Lip Eng | — | Businessman & Co | RM2,000,000 total | RM250,000 |
30 | Dr Zakir Naik v. Ramasamy Palanisamy | HC | Religious Figure | RM1,450,000 | RM70,000 |
31 | Dato' Foo Ming Lam & Anor v. Wee Meng Chee | HC | Businessman & Co | RM350,000 | RM50,000 |
32 | Jason Jonathan Lo v. Star Media Group Bhd & Ors | HC | Celebrity | RM200,000 | — |
Conclusion: Get Help from a Defamation Law Firm and a Defamation Lawyer in Malaysia
As the table above shows, defamation damages awarded in Malaysia can range from RM50,000 to over RM7 million depending on the facts of the case. Whether you're seeking justice or defending your reputation, engaging a skilled civil defamation case lawyer in Malaysia is critical.
They can guide you through the process, assess reputational harm, gather evidence from digital platforms, and pursue the highest compensation for defamation damages in Malaysia. Whether your case involves Facebook defamation, WhatsApp defamation, or anonymous online slander, a specialised online defamation lawyer can help build a solid case.
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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