Defamation
Defamation is the act of making a FALSE statement about someone that harms their reputation. There are two main types of defamation: libel and slander. Libel is defamation that is written, such as in a newspaper or on the internet. Slander is defamation that is spoken, such as in a conversation or on the radio.
Defamation can be both civil and criminal. In Malaysia, defamation is a crime punishable by imprisonment and/or a fine, under Section 499 and 500 of the Penal Code.
Here is the relevant text of Section 499 and 500:
''499. Whoever, by words either spoken or intended to be read or by signs, or by visible representations, makes or publishes any imputation concerning any person, intending to harm, or knowing or having reason to believe that such imputation will harm the reputation and shall also be liable to fine of such person, is said, except in the cases hereinafter excepted, to defame that person.''
“500. Whoever defames another shall be punished with imprisonment for a term which may extend to two years or with fine or with both.”
In Malaysia, defamation is generally treated as a civil offence and handled in the civil courts. The person who has been defamed (the ''plaintiff'') can bring a civil lawsuit and ask the court to direct the defendant to stop the defamation and retract the defamatory statement, direct the defendant to tender an apology, or direct the defendant to pay compensatory damages (money) to compensate for any harm to the plaintiff reputation or loss of income resulting from the defamation. The amount of damages that can be awarded in a defamation case will depend on the specific circumstances of the case and the amount of harm that was caused to the plaintiff's reputation.
In order to prove defamation and established its claim, the plaintiff must show that the false statement was made, that it was published to a third party, and that it caused harm to the plaintiff's reputation. Many factors must be considered when determining whether or not a statement is defamatory.
If you are being defamed, it is a good idea to consult with a lawyer who can advise you on the best course of action. A lawyer can help you understand your legal options and can represent you in the court.
Defamation can be both civil and criminal. In Malaysia, defamation is a crime punishable by imprisonment and/or a fine, under Section 499 and 500 of the Penal Code.
Here is the relevant text of Section 499 and 500:
''499. Whoever, by words either spoken or intended to be read or by signs, or by visible representations, makes or publishes any imputation concerning any person, intending to harm, or knowing or having reason to believe that such imputation will harm the reputation and shall also be liable to fine of such person, is said, except in the cases hereinafter excepted, to defame that person.''
“500. Whoever defames another shall be punished with imprisonment for a term which may extend to two years or with fine or with both.”
In Malaysia, defamation is generally treated as a civil offence and handled in the civil courts. The person who has been defamed (the ''plaintiff'') can bring a civil lawsuit and ask the court to direct the defendant to stop the defamation and retract the defamatory statement, direct the defendant to tender an apology, or direct the defendant to pay compensatory damages (money) to compensate for any harm to the plaintiff reputation or loss of income resulting from the defamation. The amount of damages that can be awarded in a defamation case will depend on the specific circumstances of the case and the amount of harm that was caused to the plaintiff's reputation.
In order to prove defamation and established its claim, the plaintiff must show that the false statement was made, that it was published to a third party, and that it caused harm to the plaintiff's reputation. Many factors must be considered when determining whether or not a statement is defamatory.
If you are being defamed, it is a good idea to consult with a lawyer who can advise you on the best course of action. A lawyer can help you understand your legal options and can represent you in the court.
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