Can an “Offensive” Online Comment Be Illegal?

It only takes a second to post a joke about someone's looks, but the embarrassment that causes lasts long after it's removed from a screen. It's not always easy to distinguish fair criticism from damaging personal attacks for university students who use social networks every day.

 Harmful online comments may cause stress and emotional distress among social             media users.

                             AI-generated image. Source: The Times of India.

Taylor's University education student Chen Zexi said he witnessed the posts that targeted individuals on their looks, character and experience.

“Even if it is in a joking manner, it can cause the individual to feel embarrassed, stressed and/or afraid to express himself or herself online. “Public comments can be particularly difficult as many people can view and share them. ”

But a rude or offensive comment does not necessarily constitute an illegal comment. Article 10 of the Federal Constitution of Malaysia guarantees the right to freedom of speech and expression, which is subject to "lawful restrictions" as established by Parliament. Comments online can pose legal liability if they are threatening, harassing or contain false allegations or statements that defame another person.

The Communications and Multimedia Act 1998 (Act 233) makes it illegal to engage in certain improper online communications. The provision has been amended to cover “grossly offensive” content, with the changes coming into effect in 2025. In a decision in 2026, the Federal Court reiterated that intention is a relevant factor to take into account when determining whether something is a protected expression under the section, and held that genuine expression of fact, opinion and criticism on a matter of public interest or concern can still be protected.

It is also possible to take civil action against online defamatory statements, through Malaysia's Defamation Act, 1957. A user who makes an unsupported allegation as a fact may thus be subject to more risk than a user who makes it clear that he or she is stating an opinion based on evidence.

Aliza Shah, a lecturer in journalism at Taylor's University not only stated that many social media users were unaware of their duties in sharing opinions on social media outlets, but also said they were unaware of the repercussions of their actions.

“People are free to voice their opinions, but they have to back it up with facts,” Aliza said. “They shouldn't go by emotions, by unproven accusations. ”

Responsible communication also means people need to be professional, give others a chance to reply and understand that there could be a number of different ways of thinking about an issue, she said.

“Present your facts, not your feelings and listen to the other person's side.”

Aliza showed an example of criticism to a new policy by the government. A responsible post will explain the drawbacks of the policy, compare it to other countries and offer supporting evidence as to how the public will be impacted.

By contrast, to state that the government is “stupid” and that everyone would be harmed if it didn't make that move would be a knee-jerk response, as there was no evidence of that.

However, Chen added, "Honest criticism is directed towards a person's actions, ideas or work, and a personal attack is directed toward the appearance, family and character of the person.

Criticism is supposed to be backed with reasons and ought to be expressed in an appropriate manner, he said. “Personal attacks tend to be emotional and are aimed at embarrassing or wounding someone. ”

Interviewees also emphasized the need to verify information prior to posting or sharing it. Aliza termed this as media literacy and urged individuals not to hastily forward information without verifying the source.

Before hitting “send,” students should stop and think whether their statements were true and how what they said will impact another person, Chen said.

While freedom of expression is a key element to public discussion, it does not negate responsibility. Social media users should consider the following before posting: “Are you trying to debate an idea using proof or are you trying to attack a person without proof?”