Malaysia Case Law: Decisions & Judgments

Topic

Publication on social media

Legal area

Court

26 Jan 2026

MOHD SHAHRIM BIN MOHD TAMRIN RAZMAN HAKIMI BIN ABDULLAH @ RAZKUMAR PANEERSELVAM

Citation

BC-B53F-3-09/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BC-B53F-3-09/2024 (Mahkamah Sesyen)

On the balance of probabilities the plaintiff failed to prove the impugned publications were defamatory of him: the March 2020 post was a fair comment in response to the plaintiff’s unverified WhatsApp/Facebook message and not mala fide; the July 2020 post referred to MIROS management generally and did not specifically refer to the plaintiff; the August 2020 tweet was a misunderstanding corrected the same day; plaintiff produced no independent witnesses or cogent evidence of reputational damage or malice. Accordingly the claim is dismissed and costs awarded to the defendant.
18 Feb 2025

1. ) ROSNAN BIN MAT JIHIN 2. ) ZAITON BINTI MOHAMMED JUDI Norasmunira Binti Mohd Alwi

Citation

BA-12BCY-5-07/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12BCY-5-07/2024 (Mahkamah Tinggi)

Appeal allowed in part: High Court found the Sessions Court's overall appreciation of evidence was correct as to general damages and mitigation by absence of criminal charges, but that the award for aggravated/exemplary damages was inadequately assessed given the defendant's emotional yet cynical disregard for plaintiffs' rights; aggravated damages were increased to RM15,000 per appellant while other orders were maintained.
10 Jun 2024

ANDAYU BINTI AZANAN NURZUSIAWATI BINTI NADZRI

Citation

TA-A53F-1-01/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

TA-A53F-1-01/2021 (Mahkamah Sesyen)

The plaintiff proved publication and defendant's malice but failed to prove any pecuniary loss; therefore injunctive relief and orders to remove the publications, plus interest and costs, were appropriate, while claims for general, exemplary and aggravated damages were dismissed for lack of proven loss.
4 Dec 2023

SATEES A/L MUNIANDY SETHUBATHI A/L MANIAM

Citation

PA-12B-19-07/2023 (Mahkamah Tinggi)
Court

High Court
Case number

PA-12B-19-07/2023 (Mahkamah Tinggi)

On the balance of probabilities the High Court found the Sessions Court was correct: the impugned posts when read in full were ambiguous and did not reasonably refer to the appellant personally (references pointed to family and company or multiple persons), plaintiff failed to plead or prove special connecting facts showing identification, and therefore the defamation claim failed; appeal dismissed with costs to respondent.
7 Nov 2023

LOKMAN NOOR BIN ADAM

Citation

WA-62CY-26-09/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-62CY-26-09/2021 (Mahkamah Sesyen)

Prosecution failed to prove a prima facie case on all elements of Section 4(1): there was no conclusive evidence linking the accused to the Facebook page publication (digital forensics negative and no cooperation from Facebook), critical investigatory evidence (control centre/flight passenger lists) was not obtained, and there was no proof of intention or likelihood to cause public alarm; accordingly the accused was discharged and released without being called to enter defence.
25 Jun 2023

1. ) WAN NUR SITI AISYAH BINTI WAN HASAN 2. ) SHALICIOUS EMPIRE SDN. BHD. ANES AYUNIE BINTI OSMAN

Citation

DA-23CY-2-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

DA-23CY-2-04/2021 (Mahkamah Tinggi)

On the balance of probabilities the court found defendant published multiple defamatory statements that referred to the plaintiffs and were false; defendant failed to prove justification or any credible defence; the same conduct amounted to unlawful interference with the plaintiffs' business by unlawful means causing loss; court therefore granted injunctions, ordered removal of material, awarded RM100,000 general damages for defamation, RM100,000 general damages for unlawful interference, interest at 5% per annum from judgment and costs RM30,000 subject to taxation.
27 Jan 2023

Gavin Edward O'Luanaigh Serina Binti Redzuawan

Citation

BA-23NCvC-10-02/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-23NCvC-10-02/2021 (Mahkamah Tinggi)

The court found breach of the undertaking as recorded in the transcript and therefore granted injunctive relief, removal orders and costs, but refused to award general, aggravated or exemplary damages because the substantive defamation claims and quantum are reserved for determination in the ongoing full trial in Suit 16 before YA Tuan Tee and because no formal court order was filed to convert the undertaking into an enforceable order for the purposes of awarding those categories of damages in this suit.
29 Apr 2022

1. ) IFCON TECHNOLOGY SDN BHD 2. ) AHMAD ALIFF BIN A S AHMAD SHARIFFUDDIN 3. ) NIK MUHAMMAD IZWAN BIN NIK MOHD KAMEL LUQMANUL HAKIM BIN ABD. RAHIM

Citation

WA-23CY-2-01/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-23CY-2-01/2018 (Mahkamah Tinggi)

On the balance of probabilities the Court found the Defendant was the owner/administrator of the Facebook account and LiveJournal blog and the author of the impugned Postings based on positive oral identification by witnesses, corroborating documentary evidence (sale receipt, SSM search, and admission of the CIMB account used for fundraising in the Postings), and the presumption under s114A Evidence Act 1950; the Postings were defamatory, published and referred to the 2nd and 3rd Plaintiffs; the 1st Plaintiff (company) failed to prove injurious financial effect and its claim was dismissed; da…
9 Nov 2021

AL MAARIF TRAVEL & TOURS SDN. BHD. (COMPANY NO: 1098794-P) 1. ) 1. NUR FARHANA BINTI YEOP HUSSIN (NRIC NO: 910412-14-5306) 2. ) 2. STAR MEDIA GROUP BERHAD (COMPANY NO: 10894-D) 3. ) 1. NADIYAH BINTI ADNAN (NRIC No: 800204-14-5558) (bagi kes

Citation

AA-23CY-1-11/2018, AA-23CY-1-01/2019 (Mahkamah Tinggi)
Court

High Court
Case number

AA-23CY-1-11/2018, AA-23CY-1-01/2019 (Mahkamah Tinggi)

The Facebook posts by both defendants were defamatory and published to third parties; defences of justification and fair comment failed on the evidence; malicious falsehood established against Farhana with special damage proved; although AMTT operated without a valid tourism licence in 2018 the public policy/illegality issue did not mandate dismissal — proportionality under Patel v Mirza required reduction of awards by 20%; accordingly AMTT awarded reduced damages, injunctions and interest, and Farhana awarded a counterclaim sum of RM2,076.00.
4 Oct 2021

I SYNERGY INTERNATIONAL (M) SDN BHD (No. Syarikat: 201301031032765) (1062594-W) MUHAMMAD ASRAB BIN HASAN (No. K/P: 931023-10-5373

Citation

WA-12ACY-1-02/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12ACY-1-02/2021 (Mahkamah Tinggi)

Appeal dismissed because the pleadings and annexed material failed to establish that the impugned words, as published, referred to the plaintiff; without proof that the words related to the plaintiff there was no reasonable cause of action in defamation and the Sessions Court strike‑out under Order 18 r 19 was correctly made.