The Use of Parody Videos in Defamation Claims

Abstract

In the digital era, the dissemination of information through social media occurs rapidly and is often beyond control. One phenomenon that raises concern is the spread of defamation in the form of parody videos. Although such content is often regarded as entertainment, it has the potential to cause serious implications for an individual’s reputation and social standing. This study is conducted to analyse the extent to which the use of parody videos containing defamatory elements may serve as a basis for defamation claims under the Malaysian legal framework. The study adopts a content analysis and doctrinal approach, with emphasis on the examination of legal documents, including the Defamation Act 1957, the Penal Code, the Communications and Multimedia Act 1998, as well as relevant court decisions. In addition, the study examines comparative defamation laws in several selected jurisdictions, namely Malaysia, Indonesia, and the United Kingdom. The findings of this study serve to clarify the scope of legal liability in relation to defamatory parody content, while also assessing the effectiveness of commonly invoked defences, such as justification and fair comment. Through this study, the researcher proposes improvements to the existing legal framework to ensure greater alignment with the needs and challenges posed by digital defamation in the context of social media.

Keywords: Defamatory videos, parody, social media, defamation claims, freedom of expression, tort of defamation

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