In the age of social media, everyone has an opinion. But what many don’t realise is — an “opinion” expressed with the wrong tone, wrong intent, or wrong facts… can easily turn into defamation. The line might seem thin, but the consequences are massive — from a damaged reputation to receiving a legal letter. In this series, we’ll break down the real difference between a legally protected opinion and a statement that could get you sued.
“I’m just sharing my opinion…” – But can you still be sued?
Many people think they’re safe when they start a sentence with “I feel…” or “Just sharing…” But if your statement contains a serious accusation — like fraud, misconduct, or malicious intent — it can still be considered defamation. Even if you don’t mention a full name, if others can figure out who you’re referring to and the statement damages that person’s reputation, you can still be held legally responsible.
When It’s No Longer an Opinion, But Defamation
A statement becomes defamation when it damages someone’s reputation and isn’t supported by valid proof. For example: “He’s a scammer,” “That company scams a lot of people,” or “Don’t trust her, she’s a fraud.” These kinds of accusations are serious, and if they can’t be proven, they may lead to civil action under the Defamation Act 1957 and even criminal charges under Section 499 of the Penal Code. Be careful — your intention to “warn others” won’t protect you if your delivery is harmful or humiliating.
Got a Screenshot or Voice Note – Still a Problem?
Some people think they’re safe because they have a screenshot, voice note, or message as “proof” to back up what they say. But in reality, if your statement is made publicly and carries a damaging tone, that technical evidence might not be enough to protect you. Screenshots can be edited, context can be misunderstood. More importantly, if you share it alongside someone’s identity without going through proper channels, it can still be considered defamation — even if your “intention was just to raise awareness.”
When an “Opinion” Turned into a RM100,000 Lawsuit
In the case of Mohd v Ainul [2019] (names changed), a woman posted on Facebook accusing her former employer of cheating clients and taking commissions dishonestly. The post went viral, shared hundreds of times. The ex-employer sued her, and the court ruled that her statement was defamatory — it damaged his reputation and wasn’t supported by solid evidence. The defendant was ordered to pay RM100,000 in damages. This case shows that saying “I’m just sharing my experience” isn’t enough when your words contain open accusations.
A Valid Opinion – How to Tell the Difference
A valid opinion usually comes from personal experience and is expressed without attacking anyone’s reputation. For example: “I think the restaurant service was slow,” or “This product didn’t work for me, but maybe it’s fine for others.” There’s no accusation, no factual claims that can be verified, and no harm to someone’s character or dignity. This type of opinion is generally protected under the principle of fair comment — as long as it’s shared honestly and without malicious intent.
When You’re Defamed – Avoid Reacting on Impulse
Many people get caught up in arguments or rush to make a public response when they’re defamed. But reacting impulsively often makes things worse. When someone spreads statements that damage your reputation, the safest step is to stay calm, keep all evidence, and assess the situation from a legal standpoint. Responding with emotional posts only creates more space for misunderstandings and repeated defamation. Sometimes, staying silent doesn’t mean weakness — it’s a strategy to protect your name with dignity.
