Defamation and Online Harassment Laws in Malaysia

Civil defamation in Malaysia is governed in part by the Defamation Act 1957 (Act 286), which deals with libel, slander and other malicious falsehoods. The Act covers specific points such as broadcast statements, slander that needs no proof of financial loss, offers of amends, the defences of justification and fair comment, and privilege for court and newspaper reports. It has applied in Peninsular Malaysia since 1957 and in Sabah and Sarawak since 1965.

Source1Defamation Act 1957 (Act 286), reprint as at 1 January 2006

Defamation is also a crime under the Penal Code. Section 499 defines it as making or publishing an imputation about a person, by spoken or written words, signs or visible representations, intending to harm their reputation or knowing or having reason to believe it will do so. Section 500 punishes it with up to two years in prison, a fine or both, and sections 501 and 502 cover printing or selling material known to be defamatory, with the same maximum penalty.

Source2Penal Code (Act 574), ss. 499-502, reprint as at 4 July 2023

The Limitation Act 1953 has no separate deadline for defamation. Under section 6(1)(a), actions founded on tort generally cannot be brought more than six years after the cause of action accrued, subject to the exceptions the Act provides. The Act applies only to Peninsular Malaysia.

Source3Limitation Act 1953 (Act 254), ss. 1(2) and 6(1)(a), as at 1 September 2019

The Defamation Act 1957 lists situations where a claimant does not have to prove special (financial) damage for slander: words that impute unchastity or adultery to a woman or girl (section 4), and words likely to disparage someone in their office, profession, trade or business (section 5). Broadcasting by radio is treated as publication in a permanent form (section 3), and slander of title, slander of goods and other malicious falsehoods can also be actionable without proof of special damage in the cases set out in section 6.

Source1Defamation Act 1957 (Act 286), ss. 3-6

Under section 7 of the Defamation Act 1957, a person who published defamatory words innocently, as the Act defines that term, can make an offer of amends: an offer to publish a suitable correction and a sufficient apology. The offer must follow the Act's formal requirements, including a supporting affidavit. If it is accepted and carried out, the person defamed cannot take or continue a claim against that publisher; if it is refused, it may serve as a defence when the Act's conditions are met. Section 10 also lets a defendant rely on an apology made or offered to reduce damages.

Source1Defamation Act 1957 (Act 286), ss. 7 and 10

In civil cases, the Defamation Act 1957 refers to the defences of justification (truth) and fair comment (opinion), gives absolute privilege to fair, accurate and contemporaneous reports of public court proceedings, and gives qualified privilege to certain newspaper reports unless malice is proved. In criminal cases, section 499 of the Penal Code sets out ten exceptions, including true statements made for the public good and opinions expressed in good faith about the conduct of public servants or on public questions.

Sources1Defamation Act 1957 (Act 286), ss. 8, 9, 11 and 122Penal Code (Act 574), s. 499, Exceptions 1-10

Section 507A of the Penal Code, in force since 31 May 2023, makes stalking a crime: repeated acts of harassment (at least two occasions) that are intended or likely to cause someone distress, fear or alarm for their safety. Harassment can include following or tracking a person and communicating or trying to communicate with them by any means, which covers online contact. The maximum penalty is three years in prison, a fine or both.

Sources4Penal Code (Amendment) Act 2023 (Act A1681), new s. 507A2Penal Code (Act 574), s. 507A, reprint as at 4 July 20235Attorney General's Chambers of Malaysia, list of amendment Acts with commencement dates

Sections 507B to 507D of the Penal Code, in force since 11 July 2025, punish threatening, abusive or insulting words, communications or acts made in any manner or by any means that cause harassment, distress, fear or alarm, or that make someone believe harm will be caused. Separately, section 233 of the Communications and Multimedia Act 1998, as amended with effect from 11 February 2025, makes it an offence to knowingly send obscene, indecent, false, menacing or grossly offensive communications through network or applications services with intent to abuse, threaten or harass a person, among other listed purposes, with a fine of up to RM500,000, up to two years in prison, or both.

Sources6Penal Code (Amendment) Act 2025 (Act A1750), new ss. 507B-507D7Communications and Multimedia Act 1998 (Act 588), s. 2338Communications and Multimedia (Amendment) Act 2025 (Act A1743), s. 91 amending s. 2335Attorney General's Chambers, list of amendment Acts (commencement dates)

Section 507E of the Penal Code, in force since 11 July 2025, makes it a crime to publish, circulate or make available someone's identity information intending, or knowing or when the person ought to know, that it is likely to cause them harassment, distress, fear or alarm, with up to three years in prison, a fine or both. Section 507F covers sharing identity information to make a person believe they or someone close to them will be harmed, or to help others harm them. Section 507G defines identity information as any information that identifies, or claims to identify, a person.

Sources6Penal Code (Amendment) Act 2025 (Act A1750), new ss. 507E-507G5Attorney General's Chambers, list of amendment Acts (commencement dates)

The official illustration to section 507E of the Penal Code, in force since 11 July 2025, describes posting a former partner's intimate photos online without consent, in a way likely to cause distress, as an offence under that section. The maximum penalty is three years in prison, a fine or both.

Sources6Penal Code (Amendment) Act 2025 (Act A1750), s. 507E and illustration5Attorney General's Chambers of Malaysia, list of amendment Acts with commencement dates