Essentials of Defamation in Malaysia
Limits of Free Speech in Malaysia
Freedom of speech is a fundamental right protected under Article 10 of the Federal Constitution, but it is not an absolute entitlement. The law does not permit false or harmful statements to be made under the excuse of free expression.
To prevent misuse of this freedom, Article 10 allows reasonable restrictions to maintain public order, security, morality and fair administration of justice. Parliament has also introduced specific legislation to regulate defamation, offensive speech and unlawful publications.
These include the Defamation Act 1957, the Sedition Act 1948, the Printing Presses and Publications Act 1984, the Communications and Multimedia Commission Act 1998 and section 499 of the Penal Code, which deals with criminal defamation.
How Read & Co Handle Complaints for Defamation
At Read & Co, our defamation lawyers help clients understand how these principles apply when reputations are harmed, whether online or in traditional media.
A complaint for defamation requires a clear assessment of the statement, its context and the legal thresholds involved. Our team also advises on professional negligence matters in Malaysia, reviewing whether duties were breached and whether the conduct in question caused identifiable harm.
We provide structured, practical guidance for clients facing reputational disputes or issues involving alleged negligence, helping them navigate matters that often carry personal, financial and professional consequences.
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Why Choose Read & Co for Defamation and Negligence Matters
→ Whether a statement is published online, social media or in any public setting, our focus is on protecting your rights and pursuing appropriate remedies when your reputation is harmed. |
→ We review your situation in detail and plan a legal approach that safeguards your reputation while working towards the strongest possible outcome based on the facts. |
→ Cases involving professional negligence have increased in Malaysia due to several factors such as the fused legal profession, a more assertive approach to litigation and the availability of professional indemnity coverage. |
Our approach is client-focused, ensuring that every case is handled with the utmost care and attention to detail. We work closely with you to understand your goals and develop a strategy tailored to your unique circumstances.
How We Assess Defamation and Professional Negligence Claims
Defamation and professional negligence cases often turn on the details. At Read & Co Law, we approach every matter with a structured review that helps clients understand the strength of the case, the risks involved and the practical steps needed to move forward.
- Initial factual analysis
We review the statements, publications or conduct in question. For defamation matters, we look at the essentials of defamation, including context, truth, innuendo and the audience reached. As for professional negligence, we will examine documents, duties owed and the standard of care expected in that field.
- Evidence evaluation
We study available evidence to determine whether the claim is supported by facts or whether gaps exist in the presentation. This includes reviewing correspondence, professional reports, expert opinions and any material linked to loss or reputational harm.
- Legal and procedural planning
Once we understand the facts, we advise clients on the options available. This may involve responding to a complaint for defamation, issuing a letter of demand, defending a negligence claim or preparing to pursue losses arising from a breach of duty.
Protect Your Reputation and Professional Standing
Defamation and professional negligence issues require early and focused legal guidance. If you are facing a claim or believe your rights have been affected, speak with our team to understand your legal position and the next steps available.
Frequently Asked Questions
If the false statement in question has a tendency to bring disrepute to your character, you ought then to preserve the evidence by taking screenshots/pictures of the statement in question and make a note of who made the statement, where it was made and to whom that statement was made.
If you feel strongly enough about it you should then seek the advice of a lawyer as to whether you have a case to begin with.
The existence of defamatory statements, the fact that it was published to a third party and that such statement lowers your reputation in the eye of others.
Under section 500 penal code, prison up till 2 years or a fine or both if the case is criminal. For civil cases, damages may be awarded apart from other reliefs such as an apology, an injunction or other ancillary reliefs.
If criminal, lodge a police report and criminal prosecution could be instituted at the behest of the Public Prosecutor. If it’s a civil case, a civil suit may be instituted at the civil courts.
A body of law dealing with negligence committed by professionals resulting in damage or losses being caused.
Best to bring this to the attention of your insurers who may then advise you or have solicitors appointed to represent you. You may also consider hiring your own solicitors at your own expense.
A complaint may be lodged with the Discplinary bodies appointed for various professionals in their respective industries. You may also consider engaging a solicitor to institute a civil suit at the civil court or contemplate making a police report with a view of having criminal proceedings being instituted against the professional particularly if the negligence is criminal in nature.
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