1. Defamation law in Malaysia is designed to protect individuals from reputational damage caused by the spread of false statements made by others. 

2. If you have been defamed, you can file a legal action to clear your name, demand an apology, and more importantly, seek compensation or damages. What are the common factors considered by the courts in determining the amount of damages in a defamation case?

Gravity or seriousness of the allegation

3. The court will consider the seriousness of the defamatory statement made against the plaintiff. The more serious the allegation, the greater the likelihood of damage to the plaintiff's reputation, and thus, the higher the compensation awarded. 

4. The reason behind this factor is to ensure that the damages are sufficient to compensate for the suffering caused by a defamatory statement, taking into account the level of seriousness of the defamation and the stress experienced by the plaintiff. 

5. For example, an accusation of a woman committing adultery has a greater impact than a mocking allegation against someone.

Size and influence of the circulation

6. The court will also take into account the size and influence of the medium used to spread the defamatory statement. 

7. If the statement is disseminated through a widely-read publication or popular platform with extensive reach, the damage to the plaintiff's reputation is likely to be more significant. 

8. Therefore, the court may award higher damages to reflect the broader negative impact on the plaintiff's reputation. 

9. For instance, defamation that goes viral on social media has a greater impact than defamation made through an office memo.

Effect of the publication

10. The court will examine the actual effect of the defamatory statement on the plaintiff's reputation, considering factors such as whether the statement caused a loss of business, relationships, or opportunities. 

11. The reason for this factor is that damages should be proportional to the actual damage suffered by the plaintiff as a direct result of the defamation. 

12. To illustrate, defamation causing business loss or divorce has a greater impact than defamation causing only embarrassment.

Scope and nature of the plaintiff's reputation

13. The court will assess the plaintiff's existing reputation in the community and the extent to which the defamatory statement has tarnished it. 

14. A plaintiff with a wider or more prominent reputation may be awarded higher damages, as the damage to their reputation is likely to be greater. 

15. For example, the scope and nature of a well-known politician's reputation have a greater impact than that of an ordinary person.

Defendant's behavior

16. The court will consider the defendant's behavior, such as whether they acted with malicious intent, negligence, or carelessness in making the defamatory statement. 

17. If the defendant's conduct is found to be particularly egregious, the court may award higher damages as a form of punishment and deterrence. 

18. As an example, the court will take into consideration a defendant who regrets their actions and apologizes compared to a defendant who is arrogant and dismissive.

Plaintiff's behavior

19. Finally, the court will also examine the plaintiff's behavior, such as whether they contributed to the publication of the defamatory statement or acted in a way that worsened the situation. 

20. If the plaintiff's conduct is found to play a role in the defamation, the court may reduce the damages awarded to them. This factor is considered to ensure that plaintiffs do not benefit from their own wrongdoing and promote responsible behavior. 

21. As an illustration, a plaintiff who likes to provoke the general public will most likely get a nominal sum for damages.

22. In conclusion, courts consider various factors when assessing compensatory damages in defamation cases, focusing on the severity of the allegation, the reach of the publication, the actual impact on the plaintiff, and the behavior of both parties involved.