How Social Media Defamation Differs from Ordinary Defamation in Malaysia

BY MESSRS LUI BHULLAR

How Social Media Defamation Differs from Ordinary Defamation in Malaysia

Introduction: Understanding Defamation Law in Malaysia

Defamation law in Malaysia is governed by the Defamation Act 1957 and principles of common law. It is generally divided into two categories: libel (written or published) and slander (spoken). However, with the rise of digital platforms, new challenges have emerged—particularly social media defamation, where defamatory remarks are spread rapidly via Facebook, WhatsApp, Telegram, and similar platforms. In this article, we explain how online defamation differs from ordinary defamation, its legal implications, and how a defamation lawyer in Malaysia can assist.

1. Nature of Publication: Speed, Reach, and Permanence

Ordinary defamation, such as a defamatory newspaper article or a public speech, is typically confined to a limited audience. In contrast, social media defamation can go viral instantly. A single defamatory Facebook post or WhatsApp message can be reshared, reposted, and viewed by thousands within minutes.

Because of this vast digital footprint, online defamation in Malaysia often results in more significant reputational damage. The High Court of Malaysia has recognised the aggravating factor of speed and reach in awarding damages for social media libel and slander.

2. Platform-Specific Challenges: Facebook, WhatsApp & Telegram

Each social media platform presents unique complications:

• Facebook defamation usually involves public posts, shared content, or comments on viral threads. The permanence of posts and user tagging makes the defamatory material widespread and easily traceable.

  
  

• WhatsApp defamation is trickier, as the content is typically shared in private or group chats. However, Malaysian courts have accepted WhatsApp messages as evidence if publication to third parties is proven.

  
  

• Telegram defamation may involve anonymous handles or large public channels, which make it more complex to trace the defamer’s identity.

A seasoned social media defamation lawyer in KL can assist in platform-specific takedowns, data preservation orders, and strategic legal responses.

3. Identifying Anonymous Defamers Online

In traditional defamation, the defendant is usually known. But in online defamation cases in Malaysia, many defamatory posts or messages are made anonymously or using fake profiles.

To counter this, a defamation lawyer in Malaysia may apply for a Norwich Pharmacal Order—a court order compelling platforms or internet service providers to reveal the identity of the defamer. Identifying the person behind a defamatory Twitter handle or Telegram channel can be the first step toward filing a civil suit.

4. Legal Proof and Elements in Online Defamation

Whether the defamation occurs online or offline, the three elements of defamation remain the same under Malaysian law:

• Defamatory words: The statement must lower the person’s reputation in the eyes of right-thinking members of society.

• Reference to the plaintiff: The words must clearly refer to the plaintiff, directly or indirectly.

• Publication to a third party: The statement must be communicated to someone other than the plaintiff.

A defamation lawyer in KL will carefully analyse the wording of the post, screenshots, timestamps, and publication history to build a robust case.

5. Legal Remedies and Court Damages

In social media defamation cases, Malaysian courts may award higher damages due to the wider dissemination and more permanent nature of the defamatory statement. The court may grant:

• General damages for loss of reputation

• Aggravated damages if the conduct was malicious

• Injunctions to stop further publication

Consulting with an experienced online defamation lawyer in Malaysia ensures that your claim is backed by proper documentation, strategy, and court procedure.

6. Why Choose Lui & Bhullar – Leading Social Media Defamation Lawyers in Malaysia

At Lui & Bhullar, we specialise in both traditional and online defamation law in Malaysia. Whether you're facing libel or slander on Facebook, battling WhatsApp group defamation, or seeking to sue anonymous users on Telegram, our legal team in KL provides effective and strategic representation.

Conclusion

The rise of social platforms has made defamation in Malaysia more complex and damaging than ever before. While the legal principles of libel and slander remain the same, the digital dimension introduces new challenges. If you are a victim of social media defamation, consult a trusted defamation lawyer in KL today to understand your legal rights and possible remedies.

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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