Defamation

Defamation

Messrs S. K. Song has represented both local and foreign clients in respect of defamation disputes. Our young lawyers are highly experienced in defamation within cyberspace, making our firm particularly well-suited to handle modern defamation challenges arising from social media, online publications, and digital communications. In today's interconnected world, defamatory statements can spread rapidly across borders, causing immediate and lasting damage to personal and professional reputations.

Defamation law in Malaysia is governed by the Defamation Act 1957, which provides the statutory framework, supplemented by a substantial body of case law developed by the Malaysian courts over decades. Our team combines deep knowledge of these legal principles with a practical understanding of the digital landscape, enabling us to provide effective representation in both traditional and online defamation matters.

Libel & Slander

Defamation takes two forms under Malaysian law. Libel refers to defamatory statements made in permanent form, such as written words, printed articles, photographs, or broadcasts. Slander refers to defamatory statements made in transient form, typically spoken words or gestures. We advise clients on whether they have a viable defamation claim, the likely remedies available, and the most cost-effective approach to achieving a satisfactory resolution. For defendants, we assess the strength of available defences including justification (truth), fair comment, absolute and qualified privilege, and innocent dissemination.

Cyberspace & Social Media Defamation

The rise of social media platforms, blogs, forums, and messaging applications has created new avenues for defamation. A single post on Facebook, a tweet on X (formerly Twitter), a review on Google, or a message forwarded in a WhatsApp group can reach thousands of people within minutes, causing irreparable damage to reputation. We specialise in pursuing and defending online defamation claims, including obtaining court orders for the removal of defamatory content, demanding retractions and apologies from publishers, and seeking damages for harm caused by viral online attacks.

Online Publication Disputes

Online news portals, blogs, and review sites frequently publish content that may be defamatory. We handle disputes with online publishers, content hosts, and internet service providers, utilising the provisions of the Communications and Multimedia Act 1998 and the Malaysian Communications and Multimedia Content Code where applicable. We also advise on the practical steps needed to have defamatory content de-indexed from search engines and removed from social media platforms.

International & Cross-Border Defamation

In an era of global digital communication, defamatory content published in one jurisdiction can be accessed worldwide. We handle cross-border defamation matters, including content published on international platforms, defamatory statements made by foreign entities, and cases involving conflict of laws. We work with a network of legal professionals in other jurisdictions where necessary to protect our clients' reputations globally.