Malaysian Defamation Case: MP Ordered to Pay RM2 Million for Online and Media Defamation

BY MESSRS LUI BHULLAR

Landmark Malaysian Defamation Case: MP Ordered to Pay RM2 Million for Online and Media Defamation

In a landmark decision on defamation law in Malaysia, the High Court ruled in favour of two Plaintiffs—a businessman and his company—who sued a Member of Parliament for defamatory statements made through various news portals and social media platforms.

The case sets a strong precedent on online defamation and social media defamation, reaffirming the Court’s commitment to protecting reputational rights while balancing public interest and freedom of speech.

Overview of the Defamation Case

The 1st Plaintiff, an individual entrepreneur, and the 2nd Plaintiff, his company, filed a lawsuit against the Defendant, a sitting Member of Parliament and senior member of the Democratic Action Party (DAP). They sought defamation damages for a series of statements made publicly by the Defendant, accusing them of serious criminal conduct including bribery, illegal business activities, and involvement in Ponzi schemes.

The statements were published in:

• Kwong Wah Jit Poh (13 May 2017),

• Free Malaysia Today (23 May 2017), and

• A televised program on ASTRO AEC (18 November 2018).

The Defendant also allegedly led 19 Chinese nationals to lodge police reports and protest outside the Plaintiffs’ business premises.

Defamatory Statements Identified

The High Court found that the Defendant made at least five defamatory statements:

1. The Plaintiffs bribed senior government officials to avoid being blacklisted.

2. The Plaintiffs engaged in illegal activities that caused losses to foreign investors.

3. The Plaintiffs conducted illegal money transactions.

4. The Plaintiffs operated a get-rich-quick (Ponzi) scheme.

5. The Plaintiffs stopped paying bribes, leading to their company’s blacklisting.

These serious allegations were viewed as damaging not only to the Plaintiffs’ reputation but also to the image of Malaysian public institutions.

High Court Findings: No Justification, No Truth

Despite invoking defences of justification, fair comment, and qualified privilege, the Defendant failed to provide supporting evidence. The Court noted:

• The Defendant relied solely on his testimony without corroborating witnesses.

• Sources allegedly informing the Defendant were not identified or called to testify.

• Claims were speculative and lacked factual basis.

• Public institutions and officials implicated were not substantiated with evidence.

The Court concluded that the Defendant acted more as a vigilante than a responsible lawmaker and failed to meet the burden of proof required under Sections 101 and 102 of the Evidence Act 1950.

Key Legal Takeaways on Defamation Law in Malaysia

This case reinforces several critical legal standards in defamation law in Malaysia:

• Burden of Proof: Defendants must prove the truth of their statements. Unsupported speculation is insufficient.

• Defamation on Social Media: Statements made via online news portals or social platforms are equally subject to legal scrutiny.

• Public Office Bearers: MPs must be especially careful with public statements, as their words carry authority and can cause significant harm.

• Libel and Slander: Publishing serious accusations—even without direct naming—can constitute libel and slander under Malaysian law.

Damages Awarded

In a stern ruling, the Court awarded the following:

• RM500,000 in general damages to the 1st Plaintiff (individual),

• RM1 million in general damages to the 2nd Plaintiff (company),

• RM500,000 in aggravated damages,

• RM250,000 in legal costs, and

• An order for the Defendant to publicly apologise through the media.

The Court emphasised that such compensation is necessary to restore reputations and act as a deterrent against baseless online defamation in Malaysia.

Why This Defamation Case Matters

For businesses and individuals alike, this decision illustrates how social media defamation and online libel can carry severe legal consequences. It also shows the increasing judicial intolerance for reckless allegations by public figures.

If you have been defamed or falsely accused online or in the media, it's crucial to consult a qualified defamation lawyer in KL or any competent defamation lawyer in Malaysia to evaluate your options under the Defamation Act 1957.

Speak to a Defamation Lawyer in Malaysia

Whether you're the subject of false social media claims, targeted online, or facing libel and slander, our legal team can help. We provide strategic representation in defamation lawsuits, public reputation management, and media litigation.

🛡️ Protect your name. Enforce your rights. Speak to an experienced defamation lawyer in Malaysia today.

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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