The internet is not a law-free zone. A post can be defamation (and the account holder is presumed to be the publisher unless they prove otherwise — Evidence Act 1950, s 114A). Improper use of network facilities or services — for example to harass, threaten or abuse someone — is an offence under the Communications and Multimedia Act 1998 (s 233). Stalking is an offence under the Penal Code (s 507A). Businesses that process your personal data must follow the Personal Data Protection Act 2010, which gives you rights to access and correct your data (ss 30, 34), withdraw consent (s 38) and stop direct marketing (s 43). The Online Safety Act 2025 (Act 866) regulates harmful content by platforms.
What to do first
- Screenshot and save everything (URL, date, time, account name) before it is deleted.
- Report the content to the platform, and to MCMC through its complaint portal.
- Threats, stalking or sexual images: make a police report.
- Personal data misused by a business: complain to the Personal Data Protection Department (JPDP).
- Defamed? Get advice quickly — see Defamation Act 1957.
Which court or agency?
| Problem | Where to go | Law |
|---|---|---|
| Harmful or offensive online content | MCMC complaint portal; police | CMA 1998 s 233; Online Safety Act 2025 |
| Personal data misuse by a business | Personal Data Protection Commissioner (JPDP) | PDPA 2010 |
| Defamation claim | High Court / Sessions Court | Defamation Act 1957 |
| Stalking, threats, scams | Police | Penal Code |
Read the guides
Communications and Multimedia Act 1998Personal Data Protection Act 2010Defamation Act 1957Anti-Sexual Harassment Act 2022Penal Code
Tools
Key laws — read the copy
| Act 588 | Communications and Multimedia Act 1998 Akta Komunikasi dan Multimedia 1998 | PDF · PDF (BM) · Official ↗ |
| Act 866 | Online Safety Act 2025 Akta Keselamatan dalam Talian 2025 | PDF · PDF (BM) · Official ↗ |
| Act 709 | Personal Data Protection Act 2010 Akta Perlindungan Data Peribadi 2010 | PDF · PDF (BM) · Official ↗ |
| Act 286 | Defamation Act 1957 Akta Fitnah 1957 | PDF · PDF (BM) · Official ↗ |
| Act 56 | Evidence Act 1950 Akta Keterangan 1950 | PDF · PDF (BM) · Official ↗ |
| Act 574 | Penal Code Kanun Keseksaan | PDF · Official ↗ |
Each law opens our mirror page: a copy of the official text with its capture date and version history, plus the official link.
Official links and forms
Questions people ask
Does the PDPA apply to government departments?
No. Section 3(1) says the Act does not apply to the Federal Government and State Governments. Government agencies are subject to other laws and policies. Private companies, including those working for the government, are covered when they process data in commercial transactions.
Can a shop photocopy my IC?
The PDPA does not ban it outright, but the shop must have a lawful purpose directly related to its business, collect only what is necessary, tell you why in a written notice, and keep the copy secure and delete it when no longer needed (ss 6, 7, 9, 10). You can ask why it is needed.
How do I find out what data a company holds about me?
Make a written data access request (s 30). The company must respond within 21 days (s 31). It can refuse only on the grounds listed in s 32, and must tell you why (s 33).
What is the difference between libel and slander?
Libel is in permanent form: writing, print, pictures, online posts and broadcasts (s 3). Slander is spoken or otherwise temporary. Libel is actionable without proof of financial loss. Slander usually requires proof of loss, except in cases such as imputing unchastity to a woman (s 4) or disparaging someone in their profession or business (s 5).
Can I be sued for sharing someone else's post?
Yes. Each republication, including sharing, retweeting or forwarding, is a fresh publication. Under Evidence Act s 114A you may also be presumed to have published content on an account or device you control.
Is it defamation if what I said is true?
Truth (justification) is a complete defence to a civil claim (s 8), but you must be able to prove it. Criminal defamation under the Penal Code has its own, narrower exceptions, so truth alone may not be enough there.
Can I be charged for a rude comment on Facebook?
Only if the elements of s 233 are met: you knowingly posted content that is obscene, indecent, false, menacing or grossly offensive, with intent to annoy, abuse, threaten or harass (or to defraud). Since 2025 the threshold is 'grossly offensive', which is meant to be higher than merely rude. Threats and harassment are more likely to be prosecuted.
What is the penalty under s 233 now?
From 11 February 2025, a fine of up to RM500,000 or up to 2 years' jail or both, plus a daily fine for continuing offences, and up to 5 years where the offence involves a child. Offences committed before that date carry the old maximum of RM50,000 and/or 1 year.
Did a court strike down s 233?
In 2025 the Court of Appeal struck out the words 'offensive' and 'annoy' from s 233(1)(a). On 6 February 2026 the Federal Court reversed that, holding the words valid and constitutional. Section 233 therefore remains fully in force.
All questions & answers → · Ask your own →