What will I be asked in cross-examination in a defamation case?

Defamation cases often turn on what happens in the witness box. Both sides usually give evidence-in-chief by witness statement, and then the other side's lawyer cross-examines. Knowing the kinds of questions that are commonly asked helps you stay calm and answer accurately. This is court familiarisation, not a script: your evidence must always be your own and true.

What is cross-examination for in a defamation trial?

Under the Evidence Act 1950, cross-examination may test a witness's accuracy, truthfulness and credit, and it is not limited to the facts covered in evidence-in-chief. In defamation, the issues the court has to decide shape the questions:

• Were the words published to someone other than the plaintiff?
• Do they refer to the plaintiff?
• Are they defamatory in their natural and ordinary meaning, or by innuendo?
• Does a defence apply, such as justification (truth), fair comment or privilege under the Defamation Act 1957?
• If liability is proved, what damages are appropriate?

Each question in cross-examination is usually aimed at one of these issues.

What is a plaintiff usually asked?

If you are suing, expect questions about:

1. Your reputation before the publication. For example, your position, your standing in your community or industry, and whether there was already public criticism of you.
2. Who actually read or heard the words. Opposing counsel may ask you to name people who saw the post or message, and whether you have evidence that they read it, rather than assuming.
3. How you found out. Who sent you the screenshot, when, and whether you have the original.
4. The meaning you say the words carry. You may be asked whether an ordinary reader would really understand the words the way you do.
5. Hurt feelings and loss. What changed after the publication: lost clients, strained relationships, distress. You may be asked for documents supporting any financial loss.
6. Your own conduct. Whether you provoked the statement, replied publicly, or posted similar remarks about the defendant.
7. Steps you took. Letters of demand, requests to take down the post, any apology offered and how you responded.

What is a defendant usually asked?

If you are being sued, expect questions about:

1. Whether you published the words, and to whom. If you deny posting them, you may be asked about the account, the phone and who else had access.
2. Your source. Where your information came from and what you did to check it before publishing.
3. Truth. If you plead justification, you will be asked to point to evidence proving the substance of what you said.
4. Fact or opinion. If you rely on fair comment, whether your statement was an honest opinion on a matter of public interest based on true facts.
5. Motive and malice. Whether you had a dispute with the plaintiff, why you published when you did, and whether you refused to correct the statement once you knew it was disputed.
6. Reach. How many people were in the group or followed the page, and whether the post was shared further.
7. What happened after the complaint. Whether you removed the post, apologised or repeated it.

Where a defendant is a journalist or publisher, cross-examination may also explore what checks were done and whether the subject was given a chance to respond.

Have a question about your own situation? Ask on WhatsApp

How are screenshots and messages tested?

Screenshots are the starting point of many defamation cases, and opposing counsel will often test them. Expect questions on:

• who took the screenshot, on which device, and when;
• whether the original post, message or phone still exists;
• whether the screenshot is complete or cropped;
• whether the account name and time stamp can be linked to the defendant.

Electronic documents are generally proved under the computer-produced-document provisions of the Evidence Act (including section 90A). Section 114A creates a presumption of publication in some situations involving a person's name, account or device, but it can be rebutted. Your lawyer will deal with the legal points; your job is to explain truthfully how you obtained the document. See our article on WhatsApp messages, screenshots and emails as evidence.

How should I prepare?

• Re-read your witness statement slowly and tell your lawyer about anything inaccurate before trial.
• Re-read the publication itself and the pleadings, so you know exactly what words are in issue.
• Gather originals: the phone, the account, the email, rather than only printed screenshots.
• List what you know personally and what others told you. Keep the two separate when you answer.
• Think about dates: when you saw the post, when you sent or received the letter of demand, when any take-down happened.

Preparation is about refreshing your genuine memory. It is never about rehearsing answers or agreeing a story with other witnesses.

Common mistakes

• Guessing who read the post. If you do not know, say so.
• Exaggerating the harm. Overstated loss is easily tested against documents and can damage your credibility.
• Arguing with counsel. Answer the question asked, briefly and politely.
• Repeating the defamatory words outside court, or posting about the case during the trial.
• Relying only on cropped screenshots when the original could have been preserved.
• Changing your account under pressure. If you made an honest mistake earlier, say so clearly; do not invent a new version.

Example

Encik Hafiz sued a former business partner over a Facebook post. In cross-examination he was asked whether any of his customers had read it. He named two customers who had messaged him about it and produced those messages, and he openly said he did not know whether others had seen it. His evidence on readership was limited but credible because he did not overstate it.

When to speak to a lawyer

Speak to a lawyer early if you have received a letter of demand, been served with a writ, or are preparing to give evidence in a defamation trial. A lawyer can explain the issues the court must decide and how evidence is presented, without telling you what to say. Chris & Partners, led by Dr Chee Hui Bing, is a litigation practice that handles defamation claims. Contact us; every case depends on its facts.

Frequently asked questions

Can the other lawyer ask about my private life?

Questions must be relevant to the issues or to your credibility, and the judge can disallow improper, scandalous or insulting questions. Your lawyer can object.

Do I have to name everyone who read the post?

Only if you know. Say what you personally know, and do not guess.

What if I no longer have the original message?

Tell your lawyer early. You will need to explain honestly why it is unavailable; the court decides how much weight to give the copy.

Will I be asked about the money I am claiming?

Often yes, especially if you say you lost business. Be ready to point to documents.

Can I refuse to reveal my source as a defendant?

This is a legal question that depends on the circumstances. Discuss it with your lawyer before trial rather than refusing in the witness box.

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Defamation Act 1957 (Act 286), AGC Laws of Malaysia
2. Evidence Act 1950 (Act 56), Part III Chapter X: examination of witnesses (ss.137-166), AGC Laws of Malaysia
3. Evidence Act 1950 (Act 56), including section 114A, AGC Laws of Malaysia
4. Rules of Court 2012 (P.U.(A) 205/2012), text published by the Malaysian Bar, including Orders 12, 13, 18, 19 and 93
5. Penal Code (Act 574), Attorney General's Chambers Laws of Malaysia
6. Office of the Chief Registrar, Federal Court of Malaysia (Judiciary portal)

Fact-checked on 17 Oct 2026