Defamation

In today’s fast-moving digital and media landscape, a false or harmful statement can spread rapidly and have serious consequences. At Edward Ng & Partners, our defamation practice is dedicated to safeguarding both individuals and organisations in Malaysia from reputational harm — and defending clients where allegations of defamation are made against them.

What is Defamation in Malaysia?

Under Malaysian law, defamation broadly covers civil actions (for damage to reputation) as well as, in certain circumstances, criminal liability. Key points include:

• The main civil law is governed by the Defamation Act 1957.

• Criminal defamation is dealt with under the Penal Code (for example, Section 499 for criminal libel).

• Defamation generally takes two primary forms:

  • Libel – publication of a defamatory statement in a permanent or widely accessible form (e.g., print media, online articles, social-media posts)

  • Slander – the spoken or transitory form (e.g., spoken words, gestures) which may require proof of special damage in many cases

• To succeed in a defamation action, a claimant must show that:

  1. A statement was published to at least one third-party;

  2. It referred (or was taken to refer) to the claimant; and

  3. It was defamatory — i.e., it tended to lower the person in the estimation of right-thinking members of society or expose them to hatred, ridicule or contempt.

• A variety of defences may be available, including truth (justification), fair comment, privilege.

• The limitation period for a civil defamation claim in Malaysia is generally six years from publication.

Our Services

At Edward Ng & Partners, we offer a full suite of defamation-law services tailored to both claimants (those whose reputation has been harmed) and respondents (those facing allegations of defamation). These include:

1. Pre-action advice & risk assessment

   • Advising on whether a statement is potentially defamatory under Malaysian law.

   • Assisting clients to understand their potential liability (for publishers, individuals, internet platforms).

   • Identifying jurisdictional issues and applicable defences (especially with online publications and cross-border reach).

   • Advising on risk-mitigation before publication of content (traditional media, social media etc.).

2. Reputation management & mitigation strategy

   • For claimants: assisting with quantifying reputational harm and outlining appropriate responses (e.g., retraction, correction, apology).

   • For respondents/publishers: advising on handling requests for retraction or settlement, and managing further reputational damage.

   • Drafting cease-and-desist letters, take-down requests, pre-action correspondence.

   • Advising on online publications, social media defamation and intermediary liability (including takedown and injunction strategy).

3. Civil defamation claims & defence

   • For claimants: initiating defamation proceedings to seek damages, injunctive relief, correction orders.

   • For respondents: defending defamation claims, advising on available defences, settlement strategies, and representation through trial and appeal.

   • Managing pleadings, discovery, trial strategy, damages (reputation loss, special pecuniary loss, aggravated or exemplary damages).

4. Criminal defamation / media‐law support

   • Advising where statements may carry risk of criminal defamation liability under the Penal Code.

   • Supporting media entities, digital platforms and publishers in assessing and managing defamation risk (pre-publication review, policy compliance, content strategy).

5. Online & social-media defamation

   • Given the prevalence of defamatory statements made online, our team regularly advises on statements made via social media, blogs, chat groups, forums.

   • Assistance tracing anonymous posters, obtaining disclosure / disclosure orders (where applicable), and obtaining takedown/injunction orders.

   • Advising on jurisdictional and cross-border issues (e.g., content uploaded abroad but accessed in Malaysia) and intermediary liability of platforms.

Why Choose Us?

• We bring deep expertise in civil litigation and media & internet law, with hands-on experience dealing with defamation matters in Malaysia.

• We understand the nuances of Malaysian defamation law and how it interacts with digital media, traditional publishing, and cross-border communication.

• Our strategic approach emphasises both legal effectiveness and reputation-sensitive outcomes — working with you to protect your name or to defend against high-stakes allegations.

• We offer clear, practical advice and transparent fee structures — whether you are an individual, a corporate entity, a publisher, or a digital platform.