How long do I have to sue for defamation in Malaysia?

You saw a damaging post about you months ago, or only recently discovered something that was published years back. Can you still sue? This guide explains the limitation period for defamation in Malaysia, and why "within time" is not the same as "soon enough".

The basic rule: six years

Under section 6(1)(a) of the Limitation Act 1953, actions founded on contract or on tort must not be brought after six years from the date on which the cause of action accrued. Defamation is a tort, so the general limit is six years.

The Limitation Act 1953 applies in Peninsular Malaysia. Sabah and Sarawak have their own limitation laws, so check which applies if the claim arises there.

When does time start?

For libel, the cause of action generally arises on publication, when the words are communicated to someone other than you. For slander that needs proof of special damage, the cause of action may arise when the damage occurs.

Online posts raise particular questions. Each time defamatory material is published again, for example reposted, shared, or sent to a new audience, that can give rise to a fresh cause of action. Courts have considered how this applies to material that remains accessible online; take advice on your facts rather than assuming either that time never runs or that it ran from the first post.

Claims against public authorities

If the person you would sue is acting in pursuance of a written law or a public duty or authority, the Public Authorities Protection Act 1948 may apply. It requires proceedings to be commenced within 36 months after the act complained of, or after it ceases in the case of a continuing injury (s.2(a)). Whether the Act applies depends on what was done and in what capacity.

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Why delay hurts even within time

The six-year period is the outer limit. Waiting can cause other problems:

• Interim injunctions: a court asked to order a post taken down before trial will look at how quickly you acted. Long delay suggests urgency is lacking.
• Evidence: posts get deleted, accounts disappear, and witnesses forget.
• Damages: delay can affect how the court views the seriousness of the harm.
• Identification: platform data and account details may not be kept indefinitely.

Practical timeline

Many claimants send a letter of demand soon after discovering the material, giving a short period to respond. If the publication continues or the response is unsatisfactory, a writ may be filed and, where justified, an interim injunction sought.

What should I do first?

1. Record the date you first saw the publication, and when it was published.
2. Capture evidence now: screenshots with URLs, dates and the account.
3. Track republication: shares, reposts, forwards.
4. Check whether the defendant is a public body or official.
5. Act promptly with a letter of demand if you intend to pursue it.

Example

A businesswoman finds a 2021 blog post accusing her of fraud, which was shared again in a large Facebook group in 2026. A claim over the original post may face limitation questions depending on dates, but the 2026 sharing is a fresh publication. She captures the share, the group size and the comments, and sends a demand promptly.

Common mistakes

• Assuming you can wait six years without consequence.
• Not recording the dates of publication and discovery.
• Overlooking the 36-month period for public authority defendants.
• Failing to preserve evidence before posts are deleted.

When to speak to a lawyer

Speak to a lawyer as soon as you discover a defamatory publication, especially if you want it taken down quickly. See our defamation page; you can also contact us.

Frequently asked questions

Does time stop running if I send a letter of demand?

No. A letter of demand does not stop the limitation period. Only filing a claim in court does.

What if I only found out about the post years later?

Time generally runs from accrual of the cause of action, not discovery. Take advice on the dates and any republication.

Is the time limit the same for slander?

The six-year limit for tort applies, but when time starts may differ where special damage must be proved.

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. Limitation Act 1953 (Act 254), including section 6, AGC Laws of Malaysia
2. Public Authorities Protection Act 1948 (Act 198), AGC Laws of Malaysia
3. Defamation Act 1957 (Act 286), AGC Laws of Malaysia
4. Office of the Chief Registrar, Federal Court of Malaysia (Judiciary portal)

Fact-checked on 17 Oct 2026