A comparative legal analysis of online defamation in Malaysia, Singapore and the United Kingdom

• Main Authors: Khairun-Nisaa, Asari, Nazli Ismail, Nawang
• Format: Article
• Language: English
• Published: 2015
• Subjects: JX International law; K Law (General)
• Online Access: http://eprints.unisza.edu.my/5245/1/FH02-FUHA-18-13176.pdf; http://eprints.unisza.edu.my/5245/
• Institution: Universiti Sultan Zainal Abidin

The rapid development and emergence of various forms of Internet based publications, which include social networking sites (Facebook, Twitter etc), web logs (blogs), chat groups, newsgroups and many others, have revolutionized the communication and of information in this modern era. Attributed with borderless nature and geographical independence, these online platforms have enabled Internet users to easily disseminate any kinds of information and news to the public at large. This is in stark contrast with the traditional print and broadcast media whereby their reach and influence are limited by territorial boundaries and localities. Unfortunately, the ability of these online channels to have a global reach has attracted a large number of unscrupulous users to disseminate defamatory materials in the cyber world. And since cases of online defamation are reportedly on the rise in Malaysia, the study attempts to examine the effectiveness of the existing laws in regulating such a threat to the society. In relation thereof, this study will analyze the provisions of the Malaysian Defamation Act 1957 and relevant decided cases on this matter. Further, a comparative analysis with the position in Singapore and the United Kingdom will be made since Malaysia is also a Commonwealth nation and the comparative method will enable this study to explore a range of alternative approaches that can be used as a basis for law reform in Malaysia.