Example Of Defamation Case In Malaysia

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Example of defamation case in malaysia. The clearest case is when the statement refers to the person by name. The more important point to note is that the tort of defamation exists to protect not the person or the pocket but reputation of the person defamed. 6 per gopal sri ram jca there are certainly no comparables as regards quantum of damages in libel actions in malaysia unlike those which exist in personal injury cases. Wong geok lan 56 who had taught at smk convent light street here had taken her then principal lee chooi sian to court for writing defamatory remarks against her in a report to the penang.

The case of theaker v richardson is one of the cases on defamation where communication to a third party was foreseen by the defendant and therefore amounted to publication. B company running a private hospital and c doctor in the private hospital sued x and y for defamatory statements published in a newspaper regarding the quality of medical treatment provided by b and c. In malaysia the recent case of gs realty sdn bhd v lee kong seng has set the precedent for the imposition of liability for third party comments. In the suit the firm claimed that the utusan malaysia daily had published defamatory words in two page one articles on feb 9 and 10.

For example the statement the current ceo of company abc is in the habit of taking bribes clearly refers to a specific individual that is identifiable even though he is not named specifically. Thus it could not be argued that the award in the present case was out of line with the trend of damages usually awarded in libel actions. Defamation claims arising from social media platforms featured in 2017 the most prominent perhaps being that of food writer jack monroe against journalist katie hopkins. The defendant had written a letter stating that the claimant was a lying low down brothel keeping whore and thief.

It said the articles alleged that there were many cracks in the highway and that these were caused by flaws in the engineering design of the highway. In the case of box 55 sociedad limitada ors v drive m7 sdn bhd 2018 mlju 1614 the court held that the factors above are not exhaustive. In this case lee kong seng was sued for defamation for his defamatory statements posted in certain facebook public forums and on his own facebook page. These are the typical defences to defamation.

Justification this means the statements made were actually true for example if a was really a convicted criminal a statement that a was convicted of a criminal offence is not defamatory.