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How Are Defamation Damages Determined in Malaysia?

BY Messrs Lui Bhullar

Table showing defamation damages awarded in Malaysia by courts – from RM50,000 to RM7 million – for Facebook and WhatsApp defamation cases

How Are Defamation Damages Determined in Malaysia?


In Malaysian courts, damages for defamation are generally awarded under three categories:


  1. 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.


  2. 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.


  3. 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.



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