We’ve all done it. A disappointing meal, poor service, or a product that didn’t live up to expectations—so we take it online and leave a review. But here’s the big question: can you actually get sued for it?
The answer: yes.
Recently, a Malaysian man was sued for RM300,000.00 after posting a negative review of a restaurant on Facebook. It may sound extreme, but it highlights an important point—your words online can have real legal consequences [1].
Understanding Defamation in Malaysia
In Malaysia, defamation is primarily governed by the Defamation Act 1957. For a business or individual to successfully prove defamation, they must generally satisfy three key elements:
The statement is defamatory: A statement is defamatory if it tends to lower a person’s reputation in the eyes of the public. This means the statement would make people think less of the person or entity being reviewed.
The statement identifies the plaintiff: The statement must be about the person or business. Posting photos or naming the establishment satisfies this requirement.
The statement was published: This simply means that the defamatory statement was communicated to at least one other person besides the person or business. In this digital age, posting of a review on any online platform instantly meets this criterion.
Isn’t It Just My Opinion?
The line between a safe review and a lawsuit is really not a thick one. The key question is: are you sharing a subjective view, or are you asserting a fact? Facts are fine. But, if you cannot back up a factual claim, your statement loses legal protection and may be found defamatory.
For instance, saying “The food was bland and overpriced” is clearly your opinion based on personal experience. But saying “The chef uses expired ingredients” or “The owner is racist” is very different—these are statements of fact, and unless you can prove them, they may expose you to a defamation claim.
How Do I Stay Safe When Posting Reviews?
You can still share your experiences online while minimizing legal risks:
Stick to verifiable facts: Describe exactly what happened rather than making broad accusations. “My food arrived cold after waiting 45 minutes” instead of “they deliberately serve terrible food.”
Label opinions as opinions: Use phrases like “I felt” or “In my experience” to make clear you’re not asserting fact.
Avoid exaggerations: Resist the temptation to say “worst restaurant in Malaysia” unless it’s clearly hyperbole.
Don’t speculate on illegal or immoral conduct: Avoid accusations of fraud, scams, racism, or food poisoning unless you have proof.
Consider direct communication first: Before posting publicly, try resolving issues directly with the business.
The Bottom Line
While the digital world makes sharing opinions easier than ever, this requires balancing of your fundamental freedom of speech against the protection of the other party’s reputation. Before posting that scathing one-star review, ask yourself: can I prove this, or am I just venting?
Remember, a moment of online venting could lead to years of legal complications and significant burden to your wallet. Choose your words carefully.
[1] https://weirdkaya.com/msian-man-writes-bad-review-gets-sued-defamation/?fbclid=IwQ0xDSwMQ6PxleHRuA2FlbQIxMQABHp4N2SFkV6tOzh8thuVJgLJwPO1P7FAdUfE6vkm8oneyFV-grQVNPeroQUZ2_aem_uyqC7D8D53vyYJNtgzw9mg#89e969h9qs4kgqp2jr200ifd3litrms27
About the Author
Sandra Tan is an Associate at XK Law. She specialises in general civil litigation, drawing on her prior experience in corporate and regulatory advisory. With fluency in English, Bahasa Melayu, and Mandarin, she also holds a keen interest in fintech and its legal implications. Outside of her legal practice, Sandra is an avid CrossFitter and outdoor enthusiast, enjoying the perspective that nature brings to life’s challenges.
