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Defamation Act 1957

DEFAMATION ACT 1957

AKTA FITNAH 1957

Act 286 · consolidated to 1 Jan 2006 · 18 pp

Artistic freedomSocio-economic rights
This copy of the Act is 20 years old. Any amendment made since 1 January 2006 is not in this text. Check the AGC record for later amendments.
Why it matters

What this does to artists

Cuts both ways for the arts: it is the statute used against critics, reviewers, documentary makers and commentators, and it is also the statute an artist uses when someone destroys their reputation. Justification, fair comment and qualified privilege are the defences that matter to criticism.

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Section 8 requires notice of intention to rely on justification or fair comment in some circumstances. Malaysia has no serious-harm threshold, so the bar to suing is low.

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What to read first

Section numbers read out of the AGC text itself

s.8Justification
s.9Fair comment
s.12Qualified privilege of newspapers
s.10Apology in mitigation of damages
s.10Apology in mitigation of damages
s.14Limitation of privilege at elections
Full arrangement of sections 22 sections · show / hide

Extracted from the AGC PDF on this page.

s.1Short title
s.2Interpretation
s.3Broadcast statements
s.4Slander of women
s.5Slander affecting official, professional, or business reputation
s.6Slander of title, etc
s.7Unintentional defamation
s.8Justification
s.9Fair comment
s.10Apology in mitigation of damages
s.11Reports of judicial proceedings
s.12Qualified privilege of newspapers
s.13Application of Act to broadcasting
s.14Limitation of privilege at elections
s.15Agreements for indemnity
s.16Evidence of other damages recovered by plaintiff
s.17Consolidation of actions for libel
s.18Separate assessment of damages in certain cases in actions for libel
s.19Severance of defences
s.20Consolidation of actions for slander, etc
s.21Transitional provisions and saving
s.22(Omitted)
Who this reaches
Visual artsMusicFilm & TVPerforming artsLiterature, writing & publishingFashion & craftDigital & mediaMuseum & archivingContent creationEverything else
Important notice

This page is published by ALIM (Art × Law Initiative Malaysia) as general legal information for Malaysia’s creative communities. It is not legal advice. It does not take your circumstances into account, and reading it does not create a solicitor-client relationship with ALIM or with anyone associated with it.

The law changes. Each Act reproduced here is the Attorney General’s Chambers’ consolidated reprint and carries the date it was consolidated to; amendments made after that date do not appear in the text, and the authoritative version of any Malaysian law is the one published in the Federal Gazette. Subsidiary legislation, state enactments and local authority by-laws may also apply to your situation and are largely outside this library.

Please do not act, or decide not to act, on the strength of this page alone. Take advice from an advocate and solicitor on your own facts. To the extent permitted by law, ALIM and its contributors accept no liability for any loss arising from reliance on this page.

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