Spill the Tea, Pay the Price: Can Gossip Get You Sued in Malaysia?

Lexicon Editorial Board
7 hours ago
6 min read

We all love a little gossip—or in Gen Z terms, spilling the tea. But what if that tea could cost you RM400,000?

That’s exactly what happened in a recent high-profile case involving Hannah Yeoh, Malaysia’s Youth and Sports Minister. The High Court ordered Universiti Utara Malaysia’s lecturer Dr. Kamarul Zaman Yusoff to pay her RM400,000 in damages, plus RM80,000 in legal costs, after

he accused her of pushing a "Christian agenda" in two Facebook posts.

One accusation. Two posts. A five-figure price tag.

This begs the question: Can gossip, whether whispered between friends or posted online, land you in legal hot water?

Can Gossip Really Get You Sued?

Short answer: Yes. Long answer: It depends on what you say, who hears it, and whether it damages someone’s reputation.

Malaysia’s defamation laws are no joke. The Defamation Act 1957 covers civil defamation, while Section 499 of the Penal Code deals with criminal defamation. Whether it’s a tweet, a WhatsApp message, or a public rant, if your words cause harm to someone’s reputation, you might find yourself facing a lawsuit—or worse, jail time.

Defamation comes in two forms: libel and slander. If you write something defamatory, like posting in a university group chat that a certain professor takes bribes for better grades, that’s libel. If you say it out loud, like whispering in the library that a classmate cheated on an exam, that’s slander.

Even if you don’t mention names, if people can figure out who you’re talking about, you could still be in trouble. The law looks at whether the statement was harmful, identifiable, and shared with others.

Remember that “harmless” little rumor you thought would stay between a few friends? It might just spread across campus faster than a viral TikTok trend, and land you in legal trouble.

The takeaway? Spill less tea, save more money. Think before you share.

The Internet Never Forgets (or Forgives)

If you think gossiping online is safer than saying it in person, think again. Social media platforms like XTwitter, Facebook, and Instagram have made it ridiculously easy for rumors to spread like wildfire. A single tweet can go viral, and even if you delete it, screenshots can haunt you forever.

Just ask Dato' Sri Mohd Najib bin Tun Haji Abdul Razak & Datin Sri Rosmah Mansor v Mohd Rafizi bin Ramli [2015] 7 MLJ 449. Rafizi made some controversial statements about oil subsidies in a public forum, and guess what? Najib and Rosmah sued him for defamation. The case proved that public figures will take legal action over harmful statements, whether they’re made in person or online.

Even if you’re just sharing someone else’s words, you’re not off the hook. Forwarding a juicy WhatsApp rumor or retweeting a defamatory post could still land you in trouble. Gossip is like a fire, and every share is fuel. With laws like Section 233 of the Communications and Multimedia Act 1998 (CMA 1998), cyber defamation can come with fines of up to RM50,000, a year in jail, or both.

Speaking of cyber defamation, anonymity won’t save you either. You might think using a fake account gives you immunity, but authorities can trace IP addresses and unmask anonymous trolls. In StemLife Berhad v Mead Johnson Nutrition (Malaysia) Sdn Bhd & Anor [2013] 1 LNS 331, defamatory posts appeared on Mead Johnson’s website under fake usernames. The court ordered the company to reveal the users’ identities. When Mead Johnson failed to comply, they got hit with the liability instead. Moral of the story? Hiding behind a screen won’t protect you from the law.

When Gossip Turns Into a Legal Battle

Defamation lawsuits aren’t just for celebrities or drama-prone influencers. Some of Malaysia’s biggest political figures have gone head-to-head in court over damaging statements.

Remember Dato' Seri Anwar bin Ibrahim v Tun Dr. Mahathir bin Mohamad [2007] 4 MLJ 422? Anwar sued Dr. Mahathir over some spicy remarks made at a press conference. The High Court ended up striking out his claim, but the case proved that even politicians aren’t immune to defamation suits.

Then there’s Maria Chin Abdullah v Jamal Md Yunos [2018] 9 MLJ 437, where Jamal falsely accused Maria and Bersih 2.0 of having ties to ISIS. The result? Maria won RM300,000 in damages, though it was later reduced to RM150,000. Let that be a lesson that throwing around baseless accusations, especially about terrorism, can cost you big time.

And of course, there’s Tony Pua Kiam Wee v Dato' Sri Mohd Najib bin Haji Abdul Razak [2019] 5 MLJ 308. Pua sued Najib over claims related to the 1MDB scandal, but the Federal Court ruled that Najib, as Prime Minister, wasn’t considered a "public officer" under Malaysian law. This case clarified an important legal point, but it also served as a reminder that in the world of politics, defamation suits can be as common as campaign promises.

Office Tea Can Burn You (Literally)

Obviously, gossip happens in offices too. A little workplace tea might seem harmless, but false accusations, like calling a colleague corrupt or spreading rumors about someone’s personal life, can be legally actionable.

Just ask Mohd Ridzwan bin Abdul Razak v Asmah binti Haji Mohd Nor [2016]. Ridzwan sued his co-worker Asmah for defamation after she told others that he had sexually harassed her. The court said her claims hurt his reputation and weren’t properly proven, so Ridzwan won the case and got RM120,000 in damages. This case shows that if you make serious accusations at work without solid proof, you could get sued for defamation.

Another workplace case involved Tony Pua Kiam Wee v Syarikat Bekalan Air Selangor Sdn Bhd (SYABAS) [2015] 3 MLJ 1. Pua suggested that Selangor reclaim its water management rights from private companies, and SYABAS sued for defamation. The court sided with Pua, ruling that his statements were matters of public interest. While free speech matters, making baseless allegations, especially in a work setting, can carry serious consequences.

Defamation in Universities

Aside from celebrities or politicians, defamation also concerns universities whose reputations are crucial for career progression. Many of us on campus are used to casual conversations and gossiping with friends, sometimes discussing lecturers, classmates, or university policies. While everyone has the right to voice concerns, what happens when these accusations are baseless?

In Abu Hassan bin Hasbullah v Zukeri bin Ibrahim [2018] 6 MLJ 396, the defendant sent defamatory emails about the appellant to all academic staff and faculty administrators. The Court of Appeal reasoned that the emails were defamatory and capable of harming the appellant’s reputation. The fact that the university itself already had an official grievance mechanism also suggests that the defendant should have used more proper internal channels instead to address his concerns.

Another case is Mohamad Hassan bin Zakaria v Universiti Teknologi Malaysia [2017] 6 MLJ 586, where the appellant faced a bankruptcy proceeding after being sued by his colleague for defamation. This just goes about to show how a defamation suit itself can also lead to financial and professional consequences.

How to Stay Out of Trouble (A.K.A. Defences Against Defamation)

So, you’ve just realised that gossip can get you sued, and you’re wondering if you might be next. Don’t panic just yet, there are legal defences that can protect you, but only if you play your cards right.

The golden shield against defamation is truth. If what you said or wrote is 100% true and you can prove it with evidence, then it is not defamation. However, the burden of proof is on you. So, unless you’ve got solid screenshots, documents, or witness statements, maybe hold off on making bold claims.

Another defence you could rely on is fair comment. However, this only applies if the statement you’ve made is based on true facts, is an honest opinion, and relates to a matter of public interest, such as government policies, academic standards, or corporate governance, and must not be motivated by malice. Saying “I think Professor X is a terrible lecturer” might be considered fair comment, while saying “Professor X takes bribes from students” would likely be defamatory unless you can prove it’s true.

If you unknowingly shared or republished defamatory content without realising it was false, you may be able to argue innocent dissemination. However, this defence does not apply if you knew (or had reason to know) that the content was false but still shared it. Even reposting defamatory content online could make you legally responsible for it. Thus, it’s always best to verify information before sharing.

So… How Do You Gossip Safely?

Be mindful of what you say. If you’re not sure whether something is true, don’t spread it. It’s easy to get caught up in drama, but repeating unverified claims can have serious consequences, both legally and ethically. As mentioned, the internet never forgets. Even a casual remark can be screenshot and used as evidence.

Gossip enigmatically. Instead of naming specific people, keep things general. Saying, “I heard some lecturers grade unfairly” is much safer than saying, “Professor Y purposely fails students he doesn’t like.”

Think before you share. Even reposting or sharing someone else’s false statement can get you in trouble. The law treats republication as a new publication, meaning you could be held liable too. Many people assume they are safe because they didn’t write the original post, but that’s not how defamation law works. When in doubt, don’t share it.