Defamation
Naidu Chambers | Bangsar, Kuala Lumpur
Naidu Chambers, in Bangsar, Kuala Lumpur, acts for individuals, professionals and companies who have been defamed, and for those who face a defamation claim. This includes statements in newspapers, online news, websites, social media, messaging groups, reviews and speeches.
The firm acts in:
- Letters of demand seeking withdrawal, apology and removal of statements
- Court claims for libel (written or permanent statements) and slander (spoken statements)
- Injunctions to stop further publication, where the law allows
- Defending defamation claims
- Requests to online platforms to remove content
Clients outside Kuala Lumpur
The firm's only office is in Bangsar, Kuala Lumpur. It acts for clients across the Klang Valley and in Seremban, Ipoh and Melaka. See Kuala Lumpur, Petaling Jaya and Shah Alam.
Contacting the firm
To make an enquiry, send a short note with your name, the other party or parties involved (so the firm can check for any conflict of interest), a brief description of what has happened, and any dates or deadlines you know of. Please do not send detailed confidential documents until the firm has confirmed it can act. Every enquiry receives a reply.
Send a confidential enquiry Call +60 3-2779 5017Frequently asked questions
What do I need to prove to sue for defamation in Malaysia?
You need to show that the statement was defamatory (it would tend to lower you in the estimation of right-thinking members of society), that it referred to you, and that it was published to at least one person other than you. Defamation in Malaysia is governed by the Defamation Act 1957 and the common law. Naidu Chambers in Bangsar, Kuala Lumpur acts for claimants and defendants in defamation matters in Peninsular Malaysia.
Can I sue over a Facebook post, a WhatsApp message or an online review?
Yes. Statements on social media, in messaging groups and on websites can be defamatory in the same way as print. Section 114A of the Evidence Act 1950 can help a claimant, because it presumes that the person whose name, account or device appears on a publication is its publisher unless they prove otherwise. Before acting, save copies of the posts, the dates and the account details.
What defences are available in a Malaysian defamation case?
The main defences are justification (the statement is substantially true), fair comment (an honest opinion on a matter of public interest, based on true facts), absolute privilege (for example, statements in court or Parliament), qualified privilege (where there is a duty or interest in making the statement and no malice), responsible journalism on matters of public interest, and innocent dissemination. Which defence applies depends on the facts.
How long do I have to bring a defamation claim?
Time limits for defamation claims are set by the Limitation Act 1953 and generally run from the date of publication; a lawyer will confirm the time limit for your situation. In practice, acting early is usually better, both to limit continuing harm and to preserve evidence before posts are deleted.
Is an apology enough to end a defamation dispute?
Sometimes. Many defamation disputes are resolved by a written apology, withdrawal of the statement, removal of the post and an undertaking not to repeat it, sometimes together with a payment of damages. A prompt apology can also reduce damages if the case goes to court.
Can a company sue for defamation?
Yes. A company can sue for statements that damage its business reputation, such as statements about its trading practices or honesty. Individuals behind the company, such as directors, may also have their own claims if the statement refers to them.