Defamation vs Libel vs Slander in Malaysia: What's the Difference?

Defamation is the general legal term for a statement that unlawfully damages another person's reputation. Libel and slander are its two traditional forms.

Broadly, libel concerns defamatory material in a permanent or recorded form, such as writing, images and online posts. Slander usually concerns spoken words or other temporary forms of communication.

The distinction matters because libel is generally actionable without proof of specific financial loss, while slander may require proof of actual loss unless an exception applies.

What must you prove in a defamation claim?

A statement is not defamatory simply because it is rude, insulting or embarrassing.

A claimant generally has to prove three things: the words were defamatory, they referred to the claimant, and they were published to at least one person other than the claimant.

The Malaysian courts apply an objective test. The question is whether the words, read or heard in context, would tend to lower the claimant in the estimation of reasonable members of society, expose the claimant to hatred, ridicule or contempt, or cause others to shun or avoid them.

The claimant does not always have to be named. It is enough if people who know the surrounding circumstances would reasonably understand who the statement refers to.

Publication also matters. Saying something only to the person concerned will generally not be enough because reputation concerns what others think of that person.

What is libel?

Libel is defamation in a permanent or recorded form.

Traditional examples include newspaper articles, letters, photographs and books. Today, most online publications also fall within this category. Facebook posts, Instagram captions, Threads posts, Google Reviews, emails and WhatsApp text messages can all amount to libel.

In Seema Elizabeth Isoy v Tan Sri David Chiu Tat-Cheong [2024] 5 MLRA 68, the Federal Court dealt with a defamatory WhatsApp message as libel. It also confirmed that a statement can still be defamatory where part of it is literally true but material facts are omitted so that the overall impression is false.

Libel is generally actionable per se. This means a claimant does not ordinarily have to identify a specific lost customer or prove an exact amount of financial loss before bringing the claim.

What is slander?

Slander generally concerns defamatory statements made in a temporary form, most commonly spoken words.

A false allegation made during a meeting, telephone call or conversation may therefore amount to slander if it is communicated to someone other than the person being discussed.

Unlike libel, slander traditionally requires proof of special damage, meaning actual financial loss, unless an exception applies.

One exception is particularly important for business owners and professionals. Section 5 of the Defamation Act 1957 provides that special damage does not have to be proved where the spoken words are calculated to disparage a person in an office, profession, calling, trade or business carried on by that person.

So if someone verbally tells your customers that you are dishonest in your profession or that your business cannot be trusted, the absence of a written post does not necessarily prevent a claim.

The Act also contains specific provisions dealing with slander of women and slander of title and other malicious falsehoods.

Is a WhatsApp message libel or slander?

A written WhatsApp message can amount to libel because it exists in a visible and reproducible form.

The same principle generally applies to written social-media posts, comments and reviews, emails and other recorded digital material.

This is why the practical importance of slander has reduced in the digital age. An unrecorded spoken allegation may be slander, while the same allegation typed into a group chat or posted online is likely to be treated as libel.

The distinction is about the form of publication, not about how serious the accusation is.

What defences are available?

Truth is a complete defence where the defendant can prove the defamatory imputation is true or substantially true. Section 8 of the Defamation Act deals with this defence, traditionally called justification.

But repeating someone else's accusation is not a defence. If you republish a rumour, you may become responsible for your own publication of it.

Fair comment under section 9 protects qualifying expressions of opinion. A genuine opinion about a restaurant being "terrible" is legally different from stating as fact that its owner stole customers' money. The Federal Court has emphasised the distinction between an expression of opinion and an allegation of fact when considering this defence.

Qualified privilege may also apply where the publisher has a legal, social or moral duty or interest to communicate the statement and the recipient has a corresponding interest in receiving it. Appropriate internal complaints, employment references and reports to authorities may fall within this area.

However, malice or unnecessarily wide publication can defeat qualified privilege.

The Defamation Act also provides an offer-of-amends mechanism for certain unintentional defamatory publications under section 7, while an apology may be taken into account in mitigation of damages under section 10.

What happens with anonymous or social-media posts?

Online anonymity does not necessarily prevent legal action.

Section 114A of the Evidence Act 1950 creates rebuttable presumptions concerning online publication. Depending on the facts, a person whose name, photograph or pseudonym appears on a publication, a registered network subscriber, or a person controlling the relevant computer may be presumed to have published the material unless the contrary is proved.

This does not make every account holder automatically liable. It affects the evidential position where authorship is disputed.

If you are dealing with online defamation, preserve the full post, account details, date, comments and surrounding context as soon as possible. The same care applies if the material started as footage of you filmed and posted without consent rather than a written statement.

Can a company sue for defamation?

Yes. A company can have a commercial or trading reputation.

Statements alleging that a company is dishonest, fraudulent, insolvent or operating unlawfully may therefore be defamatory if the legal requirements are satisfied and no defence applies. Malaysian courts have recognised that a company may sue where the publication injures its trading reputation.

Unlike an individual, a company does not have injured feelings. The relevant harm concerns its commercial or trading reputation.

How long do you have to sue?

Do not assume the same deadline applies throughout Malaysia.

In Peninsular Malaysia, section 6 of the Limitation Act 1953 generally gives six years for actions founded on tort.

Sabah and Sarawak have separate limitation laws. Both provide a much shorter one-year limitation period for libel and slander claims.

Even where a longer period applies, delay is risky because online evidence can disappear.

Is defamation a criminal offence in Malaysia?

Yes. Malaysia retains criminal defamation under sections 499 and 500 of the Penal Code.

Section 500 provides for imprisonment for up to two years, a fine, or both.

Civil and criminal defamation are separate. A civil claim concerns remedies for reputational harm, while criminal defamation involves prosecution under the Penal Code.

Frequently Asked Questions

Do I have to prove I lost money from an online post?

For libel, generally no. Special financial loss does not normally have to be proved. Slander may require proof of special damage unless an exception applies.

Someone verbally attacked my business. Can I still sue?

Potentially. Section 5 of the Defamation Act removes the need to prove special damage for qualifying slander affecting a person's office, profession, calling, trade or business.

Can I sue over a bad Google Review?

A negative review is not automatically defamatory. The risk increases where the review makes damaging factual allegations that cannot be established as true or otherwise defended.

Can I repost another person's accusation?

You should not assume reposting is safe. Republishing a defamatory allegation can itself amount to publication.

Final takeaway

Defamation is the umbrella. Libel and slander are different forms of the same wrong.

In modern disputes, written, recorded and online publications will commonly fall within libel, while purely spoken and unrecorded statements may amount to slander. The distinction matters because it affects whether specific financial loss must be proved.

In either case, the Court will look at the meaning of the publication, who it referred to, who received it, the surrounding context and whether a valid defence applies.

Speak to JPP LAW

Justin, Poh & Partners, also known as JPP LAW, advises individuals and businesses on defamation, social-media publications, damaging business allegations, letters of demand, injunctions and related civil disputes in Malaysia.

If a statement has been published about you or your business, or you have received a defamation complaint concerning something you posted or said, you may contact us to assess the publication, available defences and appropriate next steps.

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Disclaimer: This article is for general information only and does not constitute legal advice. Defamation claims are highly fact-sensitive, and the applicable limitation period, meaning of the publication and available defences depend on the circumstances of each case.