Defamation Lawyer Malaysia

Defamation Law Firm

One’s reputation can take years to build and seconds to damage, especially online
statements. If someone publishes false and defamatory statements that tarnish your good name, image and reputation, you have rights to take necessary legal actions to hold the publisher liable for such statements. At Yap, Ku & Co, our defamation lawyer Malaysia service advises individuals and businesses on libel and slander matters, helping you to protect your reputation or defend a claim brought against you. Defamation forms part of our wider dispute resolution practice.

Bringing or Defending a Defamation Claim

The first step is often the issuance of a letter of demand demanding the other party to remove the statement, apologise and compensate you. If that does not resolve matters, you can commence a civil suit, where the remedies include damages and an injunction to stop prohibit further publication. However, one must take note of the limitation period for a defamation claim is six years from the date of publication, so acting promptly protects your position, particularly when online posts can be deleted.

How Our Defamation Lawyer Malaysia Team Helps

We assess whether a statement is capable of being defamatory, advise on the strength of a claim or defence, draft and respond to letters of demand, and represent you in negotiation or in court. If you have been accused of defamation, we help you weigh the available defences and respond sensibly. Our aim is to protect your reputation while keeping the matter as contained as possible.

What counts as defamation in Malaysia

Civil defamation is governed by the Defamation Act 1957. It takes two forms:

Libel

Libel is defamation in a permanent form, such as written articles, newspapers, images, or online posts on platforms like Facebook and WhatsApp.

Slander

Slander is defamation in a transient form, usually spoken words.

To succeed in a claim, you generally need to show that the statement was defamatory, that it
referred to you, and that it was published to at least one other person. Separately, serious
cases may also amount to criminal defamation under the Penal Code.

Common Defences to Defamation

A defendant may rely on several defences, and understanding them is just as important
whether you are suing or being sued:

Justification

Justification, where the statement is substantially true.

Fair comment

Fair comment, an honest opinion on a matter of public interest.

Privilege

Privilege, which protects certain statements made in particular settings.

Frequently asked questions

Is an offensive Facebook post or WhatsApp message defamation?

It can be. Online posts and messages are treated as defamation in permanent form, which is libel, so a false and damaging statement published online may give rise to a claim.

How long do I have to bring a defamation claim?

Generally within six years from the date the statement was published. Because online evidence can be removed, it is wise to seek advice early and preserve what you can.

What can I claim if I have been defamed?

Depending on the facts, you may seek damages for the harm to your reputation and an injunction to prohibit further publication. Many matters settle with an apology and compensation before trial.

What is the difference between libel and slander?

Libel is defamation in a permanent form, such as writing, images or online content. Slander is usually spoken. The distinction can affect what you need to prove.

Can I be sued for sharing or reposting someone else's statement?

Possibly. Repeating or republishing a defamatory statement can itself count as publication. If you are concerned about something you shared, or have been threatened with a claim, we can advise you.