The responsible thing to do when you see something that might be a crime is to make a police report. That allows the police to investigate and find out whether there was a crime. In order for the police investigation to be accurate, the police report would need to have all the necessary details.
But what if you someone isn’t happy that you made a police report about them? Can you be blamed for making a police report? Do you need to worry about being sued for defamation (saman malu/fitnah)?
The answer is NO. Under Malaysian law, nobody can sue you for defamation based on statements in a police report because police reports are absolutely privileged. Even police reports made with bad intentions are protected[1] as long as it was made to assist police investigations.
The reason for this protection is because the law recognises that the need to encourage the public to come forward and report any crimes they might notice. The importance of encouraging the reporting of crimes outweighs the right to protect against reputational damage.
For example, in the case of Mohd Amar bin Mohamed v Sharifah Aisyah bt Syed Mohamed[2], a husband sued his wife for making a police report against him. In the police report, the wife said that her husband had run away with their children and that he consumed drugs. The husband claimed that the police report defamed him. The Court rejected the husband’s defamation claim because the wife’s police report was absolutely privileged and was made out of fear for the safety of her children.
So, if you make an honest police report to assist the police investigate a crime, the law will protect you.
However, you can lose this protection if you publish your police report to the public e.g. by holding a press conference or posting it on social media. By publishing your police report, you have effectively repeated the same statements in your police report, but without the intention of reporting a crime. Since there is no intention in that publication to assist a criminal investigation, the law will not protect you and you will be responsible for any defamatory statements made. The right to protect against reputational damage outweighs the right to speak freely.
For example, in Dato’ Suki Mee v Toi Sin Fatt & Ors[3], the Defendant made police reports containing defamatory statements. Then, the Defendant sent these police reports to at least 70 people. By doing so, the statements made in the police report were no longer protected and the Plaintiff’s defamation claim was successful.
So, the next time you make a police report, remember that it might not be a good idea to post it social media, send it to a chat group or to hold a press conference.
[1] Noor Azman bin Azemi v Zahida bt Mohamed Rafik [2019] 3 MLJ 153
[2] [2023] MLJU 1163
[3] [2022] 1 LNS 1520
About the Author
Sahain is a Legal Associate of XK Law. He graduated with Honours from the National University of Malaysia. Sahain believes that the legal fraternity plays an integral part in the operation of the rule of law in Malaysia and is keen to utilise his legal education towards the betterment of society and the country.
