Online Defamation on Facebook and Telegram: Court Awards RM200,000 in Damages

BY MESSRS LUI BHULLAR

Online Defamation on Facebook and Telegram: Court Awards RM200,000 in Damages

In a recent High Court ruling, a defamation lawyer in KL successfully represented a plaintiff in a high-profile social media defamation suit involving false accusations published on Facebook and Telegram. The court found the defendant liable for spreading online defamation, calling the plaintiff a “big con man” and a “fraudster” without any factual basis.

Background of the Case

The case arose from a Facebook post and Telegram group chat in June 2021 where the defendant accused the plaintiff of operating an unlicensed investment scheme and labelled him a fraud. The plaintiff, represented by a defamation lawyer, claimed the publications caused reputational damage, especially since his full name, IC number, and photographs were shared publicly.

Despite receiving a letter of demand from the plaintiff's lawyers, the defendant proceeded to discuss the letter in Telegram chats, reinforcing the defamatory remarks. The defendant failed to plead any defences such as justification or fair comment, relying only on denial.

Court’s Findings

The court held that:

• The statements were defamatory, clearly referred to the plaintiff, and were widely published on social media platforms.

• The plaintiff’s reputation was harmed and the defamation was aggravated by the defendant's malicious conduct, including his comments on Telegram.

• The defence of innocent publication was rejected as the defendant intentionally shared and endorsed the false accusations.

The defendant’s counterclaim for defamation arising from the plaintiff's letter of demand was dismissed, as he failed to prove the plaintiff had republished it.

Damages and Injunction

The court awarded a global sum of RM200,000 in general, aggravated, and exemplary damages, plus a mandatory injunction requiring the defendant to issue a public apology on Facebook and Telegram. Legal costs of RM10,000 were also ordered.

Legal Takeaway

This case highlights how online defamation and social media defamation—even in private groups like Telegram—can have serious consequences. Individuals who republish defamatory content are just as liable as the original authors. For those falsely accused online, engaging a skilled defamation lawyer, particularly an online defamation lawyer or social media defamation lawyer, is essential to protect your reputation and seek redress.

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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