Key points
- Sharing or forwarding can be publication.
- Repeating a defamatory statement can make you liable as if you wrote it.
- Section 114A may presume publication in some online situations.
- Defences exist but have strict requirements.
- If you receive a demand, keep a record, stop sharing and get advice.
A shocking post about a local businessman lands in your family WhatsApp group. You forward it to two more groups. A week later, you receive a lawyer's letter demanding an apology and damages. Can that be right?
Is sharing a post really "publishing" it?
In defamation law, publication means communicating a statement to at least one person other than the person it is about. Each time a statement is communicated, there can be a fresh publication. So:
- forwarding a message on WhatsApp or Telegram;
- sharing or reposting on Facebook, Instagram, TikTok or X;
- quoting or screenshotting a post with your own comment;
can each be a publication by you. Under the long-standing repetition rule, a person who repeats a defamatory statement is generally treated as if they made it themselves. It is not enough to say "I was just passing it on" or "I said 'not sure if true'".
Does section 114A of the Evidence Act matter?
Section 114A of the Evidence Act 1950 creates a presumption of publication in some situations involving online content: for example, a person whose name, photograph or pseudonym appears on a publication as its owner or host, or who has custody or control of a device or account from which it was published, may be presumed to have published it unless they prove otherwise. It is a rebuttable presumption, but it means that "it wasn't me" needs evidence. See our guide on section 114A and anonymous posts.
What defences might apply?
The usual defamation defences may be available depending on the facts, such as:
- justification (the statement is substantially true);
- fair comment on a matter of public interest, based on true facts;
- qualified privilege in some situations, such as a genuine report to the proper authority;
- arguments that the words are not defamatory or not about the claimant.
Each defence has strict requirements. See defamation defences. Even where a defence is weak, prompt corrective steps such as an apology may affect damages.
Separately, some online content may raise issues under section 233 of the Communications and Multimedia Act 1998, which is a criminal provision distinct from civil defamation. See section 233 vs civil defamation.
What should I do if I receive a demand letter?
- Do not ignore it. Note the deadline.
- Keep a record of exactly what you shared, when and to whom (screenshots), so your lawyer has the facts.
- Stop sharing, and consider removing your share or forward where you can, after keeping your record. Do not delete other material that may be evidence.
- Do not contact the claimant or post about the letter.
- Get legal advice before replying, apologising or agreeing to pay. See responding to a defamation letter of demand.
Have a question about your own situation? Ask on WhatsApp
Example
Ravi forwards a post accusing a clinic owner of fraud to three WhatsApp groups, adding "Be careful!". The clinic owner's lawyers send him a demand. Ravi keeps screenshots of his forwards, leaves the post unshared, and sees a lawyer. They review whether any defence applies and discuss whether an apology and correction in the same groups is appropriate.
How can I share responsibly?
- Pause before forwarding allegations about named people or businesses.
- Check whether a reliable source has reported it.
- Do not add your own accusations.
- If you want to raise a genuine concern, report it to the proper authority rather than posting it publicly.
Common mistakes
- Believing "forward as received" protects you.
- Adding comments that make the allegation worse.
- Deleting everything, including evidence your lawyer needs.
- Posting the demand letter online.
- Apologising publicly in a way that creates new problems, without advice.
When to speak to a lawyer
Speak to a lawyer as soon as you receive a demand letter or court papers, or if you are being pressured to sign an apology. You can contact us; every case depends on its facts.
Frequently asked questions
I only forwarded it to my family group. Is that still publication?
It can be. Publication to even one other person can be enough, although the size of the audience may affect damages.
Is clicking "like" the same as sharing?
The law here is still developing. A like is generally less than a share, but the context matters.
Will deleting my share end the matter?
It can help limit harm, but it does not erase a publication that already happened.
Can the original author be sued instead?
The claimant can choose whom to sue, and may sue more than one person.
Should I apologise?
An apology may help, but its wording matters. Get advice first.
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.
- Defamation Act 1957 (Act 286), AGC Laws of Malaysia
- Evidence Act 1950 (Act 56), including section 114A, AGC Laws of Malaysia
Fact-checked on 17 Oct 2026
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Related practice area: Civil litigation and debt recovery

