Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Defamation, in Kuala Lumpur and the wider region of Malaysia, refers to the act or behavior that harms the reputation of an individual or entity. Defamation can occur through spoken words (slander) or in a published form such as writings or images (libel). Malaysia's Defamation Act 1957 and the Communications and Multimedia Act 1998 are among the prevailing laws that outline the procedures and penalties for offenses related to defamation.
Defamation cases can be complex, requiring the illustration of how a statement or publication damaged your reputation. You might need a lawyer if your reputation has been harmed through false claims or damaging media publications. A lawyer can also prove essential if you are falsely accused of defamation, as you'll need a strong defense to avoid severe legal penalties - monetary fines, even imprisonment.
In Kuala Lumpur, Malaysia, the Defamation Act primarily governs the law of defamation. The law classifies defamation into two sections: slander and libel. Slander, the spoken form of defamation, has a lower penalty than libel, the written form. The law requires the plaintiff (the person making the complaint) to prove that the defendant (the person being accused) published a defamatory statement that harmed the plaintiff's reputation. It's also critical for the plaintiff to prove that the statements were false. The defendant, however, has multiple defenses, including truth, privilege, and opinion, which if proven, can nullify the defamation claim.
In Malaysia, libel refers to written or published defamation, while slander refers to spoken defamation. Libel cases generally attract heavier penalties because written words tend to have a broader and lasting impact.
There are mainly three defenses to a defamation claim: justification (proving the statement was truthful), absolute privilege (statements made in certain situations such as inside Parliament), and qualified privilege (statements made in good faith without malice).
While Malaysia acknowledges freedom of speech in its Federal Constitution, this does not give anyone the right to make defamatory statements. The right to freedom of speech is limited and can't infringe another person’s right to protect their reputation.
Primarily, you need to prove that a false statement about you has been published, the statement defamed you, and it has caused damage to your reputation.
'Damage to reputation' often refers to societal disapproval, leading to a loss of social or professional status, business opportunities, or causing personal distress and annoyance.
In addition to hiring a qualified lawyer, it could be beneficial to consult organizations such as the Kuala Lumpur Bar Committee's Legal Aid Centre or the Malaysian Communications and Multimedia Commission for advice. These organizations provide several resources that can be useful in understanding your legal rights and options.
If you believe you've been a victim of defamation or you're accused of defamation, your next step should be to consult with a lawyer specializing in defamation law. Compile any relevant evidence, such as messages, articles, or social media posts, to present to your lawyer. It's especially critical to document any proof of damages, like business loss or public humiliation, resulting from defamatory statements.
