Defamation Act In Malaysia
Under the malaysia s defamation act 1957 if any words spoken or published that impute unchastity or adultery to any woman or girl it shall not require special damage to be proven.
Defamation act in malaysia. Libel is when such words are expressed in a permanent form which is usually visible to the eye like in a book e mail or picture. A person whose name photograph or pseudonym appears on any publication depicting himself as the owner host administrator editor or sub editor or who in any manner facilitates to publish or republish. There are two types of defamation in malaysia. The bill for an act with this short title will have been known as a defamation bill during its passage through parliament.
And in any such case. The governing legislation for defamation in malaysia is the defamation act 1957 defamation act. 179 1965 short title 1. For example woman a calls woman b a prostitute in front of everyone imputing adultery or unchastity against woman b.
The act criminalises speech with seditious tendency including that which would bring into hatred or contempt or to excite disaffection against the government or engender feelings of ill will and hostility between different races. In malaysia defamation can be both a civil and criminal offence. Woman a could have committed slander. For civil cases the relevant legislation is the defamation act 1957.
The sedition act 1948 in malaysia is a law prohibiting discourse deemed as seditious. Defamation act is a stock used for legislation in malaysia hong kong new zealand the republic of ireland and the united kingdom relating to defamation. Slander is when such words are expressed in a temporary form usually when spoken or made by body movements. Criminal defamation is covered by chapter xxi sections 499 to 502 of the penal code.
Defamation acts may be a generic name either for legislation bearing that or for all legislation which relates to intense resentment. The malaysian law on criminal defamation is governed by the penal code particularly section 499 and will not be the focus of this article. What are the laws governing defamation in malaysia. 4 laws of malaysia act 286 defamation 5 laws of malaysia act 286 defamation act 1957 an act relating to the law of libel and slander and other malicious falsehoods.
The meaning of seditious tendency is defined in section 3 of the sedition. It supersedes the short title libel act. 1 a person who has published words alleged to be defamatory of another person may if he claims that the words were published by him innocently in relation to that other person make an offer of amends under this section. Under section 114a of the evidence act 1950 the following three categories of persons are presumed to have published a defamatory statement unless the contrary is proved.
Def ama tion act 1957 incorporating all amendments up to 1 january 2006 published by the commissioner of law revision malaysia under the authority of the revision of laws act 1968 in collaboration with percetakan nasional malaysia bhd 2006 d e f a m a t io n a c t 1957 f irst en acted é. Peninsular malaysia 1 july 1957. The defamation act only applies to civil claims.