诽谤诉讼

1. What four elements must a claimant prove?

(1) a defamatory statement; (2) reference to the plaintiff; (3) publication to at least one third party; and (4) actual or likely injury to reputation.

2. What is the limitation period?

Three years from the date of publication (Limitation Act 1953, s 6).

3. Is truth an absolute defence?

Yes—so long as the defendant proves the substance of the statement is true (s 8 Defamation Act 1957).

4. What constitutes the defence of honest opinion?

A statement of comment, on a matter of public interest, based on provable facts, and one that a fair-minded person could honestly hold.

5. When does absolute privilege apply?

Statements made in parliamentary or judicial proceedings are completely immune.

6. What is qualified privilege?

It protects statements made on occasions where the maker has a legal, social or moral duty to speak and the recipient a corresponding interest, provided the statement is not malicious.

7. Are reform proposals on the horizon?

Yes. In April 2025 the Bar Council set up a Defamation Law Reform Committee recommending a single-publication rule, a statutory public-interest defence and anti-SLAPP cost sanctions.

8. How does s 114A Evidence Act affect on-line speech?

It creates a rebuttable presumption that the account-holder or website owner published the defamatory content.

9. Did the Communications & Multimedia Act change in 2024?

Yes—s 233 was amended to include synthetic-media offences and higher fines of up to RM 500 000.

10. Can a platform be liable for user-generated content?

Yes, once it is notified of defamatory material and fails to act promptly, it may incur secondary liability.

11. Is there an “innocent dissemination” defence for internet intermediaries?

Courts have recognised it, but intermediaries must show lack of knowledge and reasonable care in moderating content.

12. What is a SLAPP suit and how might the law address it?

A Strategic Lawsuit Against Public Participation aims to silence criticism; the Bar’s reform paper proposes early dismissal procedures and cost-shifting to curb SLAPPs.

13. On what grounds will the court grant an interim injunction?

The plaintiff must show a strong prima-facie case and risk of irreparable harm, per Utusan (FC 2016).

14. What heads of damages are common?

General (reputation), aggravated (malice) and occasionally exemplary; the Court of Appeal limited exemplary awards in Dato’ Seri Anwar Ibrahim (2023).

15. Can Malaysian courts hear claims over foreign-hosted content?

Yes if the material is downloaded in Malaysia and the plaintiff’s reputation here is harmed.

16. How does the court decide “meaning”?

The judge determines both the natural and, where pleaded, innuendo meaning as a preliminary issue.

17. Is group defamation actionable?

Only if the group is small enough that the words can reasonably be taken to refer to each member.

18. May corporations sue?

Yes, but they must prove actual or likely financial loss.

19. What effect does an apology have on damages?

Under s 7(3) the court treats a timely and sincere apology as mitigation.

20. Is there a formal “offer of amends” regime?

Not statutory, but Calderbank-type offers influence cost orders.

21. Is there a public-interest defence?

Not yet; it is included in the draft Reform Bill but has not become law.

22. Must harm reach a “serious” threshold?

The proposal mirrors the UK test, but Malaysia still operates common-law de-minimis principles until legislation is passed.

23. Can attacks on judges amount to both defamation and contempt?

Yes—scurrilous allegations against the judiciary can attract concurrent contempt proceedings.

24. Are discussion-forum moderators liable?

If they exercise editorial control, liability follows once they are aware of the defamatory post and fail to remove it.

25. How can a plaintiff discover an anonymous poster’s identity?

Through a Norwich-Pharmacal-style discovery order or CMA s 268 warrant compelling service-provider disclosure.

26. Does criminal libel still exist?

Yes, under Penal Code ss 499-502, though prosecutions are rare.

27. Can the court order a retraction or clarification?

Yes, in exercise of its equitable powers, especially where damages alone are insufficient.

28. Can data-protection law overlap with defamation?

Yes—untrue disclosures may also breach the Personal Data Protection Act 2010.

29. Does the court order entire website takedowns?

It can, but usually prefers targeted injunctions against specific URLs or posts.

30. Would the same principles apply to statements made in the metaverse?

Yes—if the avatar clearly identifies a real person, traditional defamation rules apply, a point noted in the 2025 Bar reform discussion paper.