The Basics Of Defamation Law In Malaysia

The law presumes that a person is of good character, unless proven otherwise. If a statement about a person is defamatory and affects the reputation of that person in the eyes of the public, that person may have a claim for defamation against the maker of that defamatory statement.

The governing legislation for defamation in Malaysia is the Defamation Act 1957 ("Defamation Act"). The Defamation Act only applies to civil claims. The Malaysian law on criminal defamation is governed by the Penal Code (particularly, section 499) and will not be the focus of this article.

This article will provide a brief overview of the meaning of defamation, the elements required to bring a defamation action, defences, and the limitation period to bring a defamation claim in West Malaysia.