Someone spread untrue things about you on the Internet?
This could be defamation.
DEFAMATION LAW
Cindy Lee Nian Cie
4/26/20251 min read
Defamation
What is defamation? According to Oxford dictionary, defamation is defined as the act of damaging somebody's reputation by saying or writing bad or false things about them.
In Malaysia, defamation is governed by the Defamation Act 1957.
How do I know if I have been defamed? Generally, someone has defamed you if they spread untrue things about you. It does not have to be written. If it is done orally, it could also amount to defamation. A written defamation is called "libel" whereas an oral defamation is called "slander".
Legally, there are three main elements to be satisfied in order to constitute defamation:
the statement is defamatory
the statement refers to you
the statement is published to other people
These are the general questions asked regarding defamation:
(1) The posting is posted to someone's "Close Friends" in Instagram Story. Does it still count as defamation?
Answer: Yes. It does not matter how many people and who have seen the post (even if you find it out from your friend who is in that "Close Friend" list. Ultimately, what matters is PUBLICATION.
(2) Someone posted untrue things about me on their private account. Is it defamation?
Answer: Yes. Regardless of public or private account, it is still defamation as long as there is publication.
(3) What about private Facebook group where only a certain members are allowed to be in the group?
Answer: Yes. As long as there is publication.
(4) Someone just verbally called me a "wh0re" in public. Can I still sue for defamation?
Answer: Yes.
(5) Are Malaysian slurs defamatory?
Answer: Generally, there are Malaysian slurs that COULD be defamatory but it really depends on what it means and how an ordinary Malaysian citizen would understand from the utterance of a Malaysian slur. However, if it connotes a bad meaning, then it could be defamatory.
Defamation is wide. If you believe you have been defamed, but is unsure if you have a claim, do not hesitate to book us for consultation!