Defamation

Someone made a fake account pretending to be me and posted defamatory content. What can I do?

Updated · Bahasa Malaysia · 中文

Key points

  • Preserve evidence first, then report to the platform and the police.
  • Cheating by personation is an offence (Penal Code ss.416, 419).
  • Some online communications are offences under CMA 1998 s.233.
  • A civil claim needs an identified defendant; Evidence Act s.114A presumptions may help.
  • Be ready to prove the fake account is not yours.

A profile with your name and photos appears online. It posts offensive content, messages your contacts, or makes false statements about you or others, and people believe it is really you. This guide sets out the practical and legal steps.

Step 1: preserve the evidence

Before anything is taken down, record:

  • the profile URL, username and any account ID;
  • screenshots of the profile, posts and messages, showing dates;
  • messages from people who received content from the fake account; and
  • the date you discovered it.

Screenshots with visible URLs and timestamps are more useful than cropped images.

Step 2: report to the platform

Most platforms have an impersonation reporting channel. Reporting is often the fastest way to have the account removed. Keep the confirmation or reference number. Tell your contacts publicly that the account is not yours, in neutral terms.

Step 3: police report

Lodge a police report with your evidence. Possible offences, depending on the facts, include:

  • Cheating by personation: cheating by pretending to be another person (Penal Code s.416), punishable under s.419. This applies where the impersonation is used to deceive someone, for example to obtain money from your contacts.
  • Improper use of network facilities or services: section 233 of the Communications and Multimedia Act 1998 makes certain harmful communications an offence. The section has been amended, so the current wording should be checked.

Whether to investigate and charge is for the police and the Public Prosecutor.

Can I sue for defamation?

Two different harms can arise:

  • Defamation of you: if the fake account makes it look as if you said shocking or offensive things, readers may think less of you. The question is whether the publication, read in context, lowers your reputation.
  • Defamation of others: if the fake account defames third parties in your name, you may need to show quickly that it was not you.

To sue, you need a defendant. That means identifying who runs the account.

Identifying the person behind the account

Clues often include writing style, details only certain people know, timing, and links to other accounts. Platforms and service providers may hold subscriber or log-in data, which may be sought through legal process.

Section 114A of the Evidence Act 1950 presumes that a person whose name, photograph or pseudonym appears on a publication as owner, host or administrator, or who facilitates publication, has published it unless the contrary is proved, and that the registered subscriber of the network service from which it originates is the publisher unless the contrary is proved. These are presumptions, not conclusions.

Note the presumption cuts both ways: because the fake account uses your name and photo, be ready to show it is not yours, with evidence such as your own genuine account and the report you made.

What should I do first?

  1. Screenshot everything with URLs and dates.
  2. Report the account to the platform and keep the reference.
  3. Lodge a police report with the evidence.
  4. Warn your contacts that the account is fake.
  5. Note suspects and why, without confronting them publicly.

Example

A doctor discovers a fake profile using her photos that posts claims about miracle cures and insults patients. She captures the posts, reports the account, lodges a police report and posts a short notice on her real page. A former employee is suspected because the posts mention internal details. Her lawyer considers how to obtain account data before filing a claim.

Common mistakes

  • Reporting the account before taking screenshots.
  • Publicly accusing a suspect without evidence, which can itself be defamatory.
  • Assuming the platform will keep data indefinitely.
  • Ignoring the account because "people will know it's fake".

When to speak to a lawyer

Speak to a lawyer if a fake account is damaging your reputation or business, or if you need to identify who is behind it. See our defamation page; you can also contact us.

Frequently asked questions

The platform removed the account. Can I still act?

Yes, if you preserved evidence. Removal does not prevent a police report or a civil claim.

Can I be blamed for what the fake account posted?

The presumption in s.114A is rebuttable. Your evidence that the account is not yours, and prompt reports, help show this.

How long do I have to sue?

Defamation claims are generally subject to the six-year limit for actions founded on tort (Limitation Act 1953, s.6(1)(a)).

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. Penal Code (Act 574), Attorney General's Chambers Laws of Malaysia
  3. Communications and Multimedia Act 1998 (Act 588), AGC Laws of Malaysia
  4. Evidence Act 1950 (Act 56), including section 114A, AGC Laws of Malaysia
  5. Limitation Act 1953 (Act 254), including section 6, AGC Laws of Malaysia
  6. Royal Malaysia Police (PDRM), official portal

Fact-checked on 17 Oct 2026

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