In West Malaysia, the limitation period to bring an action in defamation is six (6) years. There are two types of defamation that is. Uploaded by. The common situations that the defence of absolute privilege may be raised are for defamatory words published in: The defence of absolute privilege can still succeed even if the statement was made with malice by the defamer. – The defamatory words must be comments as opposed to statements of facts; – The comments must be based on facts proven to be true; – The comments must be on a matter of public interest. – That C’s impolite and non-compliant conduct caused the judge to become angry and/or upset so as to cause the judge to walk out of the court without warning. Among the defences relied on by C was the defence of fair comment. Famous Defamation Cases. Additionally, for slander to be actionable, generally a person is required to prove that he/she suffered actual damage or special damage. The term defamation is actually an umbrella for two types of wrongdoing: libel and slander. ”) is likely to be protected by the defence of qualified privilege if the letter was published without malice as: Privilege defence is not limited to journalists). B will not be successful in raising the defence of justification unless B can prove that C did indeed engage in adultery. However, B succeeded on the defence of fair comment on the basis that B’s statements were fair comment based on B’s honest and fair observations of what happened in the case. In Malaysia, the law on defamation is contained in the Malaysian Defamation Act 1957. written words in articles, newspapers, Facebook posts or Whatsapp messages; 2. No civil or criminal action can be taken against an MP for defamation or for the violation of the Penal Code, Official Secrets Act or any other criminal statute in relation to his parliamentary words. This article will provide a brief overview of the meaning of defamation, the elements required to bring a defamation action, defences, and the limitation period to bring a defamation claim in West Malaysia. Police Reports (First Information Reports under Section 107 of the Criminal Procedure Code); and. The Court held that the defence of fair comment was defeated by malice on the part of C as C “deliberately or at least recklessly abstained from availing themselves of means of information which lay at hand when the slightest inquiry would have shown that the imputation appearing in the article complained of were groundless”. 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. However, the article in the newspaper only made reference to a “doctor” or “doctor in charge”. The defendant will first have to establish that the defamatory words were uttered on a matter of public interest and the public had a corresponding interest in receiving the same; Once that was established, the court must consider whether the defendant acted reasonably in publishing the defamatory words (more conveniently known as the ‘responsible journalism test’, although the Reynold’s Privilege defence is not limited to journalists). At common law, there are two types of defamation: For both libel and slander, a defamatory statement is required. Academic year. not from the date the plaintiff first had knowledge. Slander – defamation in temporary form e.g. Defamation - Summary Law of Torts in Malaysia. A defamatory statement is a statement that: There are two methods of interpreting the words in an allegedly defamatory statement: The natural and ordinary meaning of words may be:[1]. The information was obtained in 2012 but was not acted upon until 2013 (just before the 13th General Election) where D made the defamatory statement in two press conferences. 20. Malaysia: Defamation Act 1957 Type of defamatory statement 1) Libel: statements made in a permanent form. D published a defamatory statement that he received information from a businesswoman that P (a local councillor) had sought and obtained bribes from her. [Peninsular Malaysia--1 July 1957; Sabah and Sarawak--6 May 1965, L.N. The common law recognized two forms of defamation that is libel and slander. The Court held that D could not rely on the defence of qualified privilege as D did not have a duty to issue press statements regarding the information he received from the businesswoman and the press did not have a corresponding duty to receive the information. In legal terms, a defamation case is a tort, or civil wrong. efendant did not believe what he said was true (for defence of qualified privilege) or did not honestly hold the opinion expressed (for defence of fair comment); efendant to conduct an enquiry into the truth of the content. The burden of proof to show actual malice or reckless disregard in defamation law is much higher than other types of damages. The applicable legislation for defamation in Malaysia is the Defamation Act 1957 (“Defamation Act”). A toxic boss can create a bad atmosphere in the workplace. A person will have to show that he/she suffered pecuniary loss or loss that is capable of being estimated in money directly due to the slanderous remarks made against him/her. B will be successful in raising the defence of justification if B can prove that C did indeed engage in adultery. There is a defamatory statement made or conveyed by spoken words, sounds or in some other non-permanent form; The defamatory statement concerns the plaintiff; The defamatory statement is published to a person other than the plaintiff. Instead, the definition of “defamation” is to be found in Malaysian case law and the English common law. D published a defamatory statement that he received information from a businesswoman that P had sought and obtained bribes from her. Both defences of qualified privilege and fair comment will fail if it is proven that the defamatory words were published with malice. The Defamation Act does not define the word “defamation”. Further, the Court also held that D’s actions were actuated by malice as D failed to inquire from P to verify the truth of the information that D received from the businesswoman when he could have done so but instead chose to publicise the information to the press to score political capital for himself and his political party ahead of the impending general elections. Note: This article does not constitute legal advice to any specific case. B publishes a statement about C having an extramarital affair honestly believing it to be true. Let's take a closer look at all three.Actual Damages. The person(s) to whom the words were published had a corresponding interest or duty to receive them. [2] Pardeep Kumar a/l Om Parkash Sharma v Abdullah Sani bin Hashim [2009] 2 MLJ 685, [3] Abdul Rahman Talib v Seenivasagam & Anor [1965] 1 MLJ 142, [4] Syarikat Bekalan Air Selangor Sdn Bhd v Tony Pua Kiam Wee [2015] 6 MLJ 187, [5] Reynolds v Times Newspapers Ltd and others [2001] 2 AC 127, [6] Gwee Tong Hiang v Boo Cheng Hau [2016] 2 MLJ 388, [7] JB Jeyaratnam v Goh Chok Tong [1985] 1 MLJ 334, 1.  What is “retention sum” commonly referred to in construction contracts? Whether the defamatory words can be regarded as being capable of referring to the plaintiff; and. Instead, the definition of “defamation” is to be found in Malaysian case law and the English common law. That C was a rude and inconsiderate lawyer who caused everyone present in court, including the judge, to be uncomfortable; That C was non-compliant of the judge’s directions; and. Instead, the definition of “defamation” is to be found in Malaysian case law and the English common law. A Comparative Legal Analysis of Online Defamation in Malaysia, Singapore and the United Kingdom January 2014 International Journal of Cyber-Security and Digital Forensics 4(1):314-326 A defamatory statement is a statement that: – Tends to lower a person in the estimation of right thinking members of society generally; – Causes a person to be shunned or avoided or to expose him to hatred, contempt or ridicule; or. Luckily, both common and statute law has developed a framework to limit the extent of the tort of defamation. P sued D for putting a notice up at the front wall of D’s house which stated, among others, that D’s neighbours have been stealing his mail. The defence of qualified privilege is available where the defamatory words were: However, this defence will fail if the defamatory words were published with malice. Slander to women 268 2. Defamation Definition Types Elements Defences Remedies Definition: Sim v Stretch Publication of untrue statement which tends to lower a person’s reputation in the estimation of right-thinking members of society – tends to make them shun or avoid him. In legalese, \"damages\" is another word for the harmed person's losses resulting from the at-fault party's actions. The information was obtained in 2012 but was not acted upon until 2013 (just before the 13th General Election) where D made the defamatory statement in two press conferences. P sued D for putting a notice up at the front wall of D’s house which stated, among others, that D’s neighbours have been stealing his mail. A+ A- ... To explain this further, we’ll need to look at the law of defamation. . For example, the statement that “Kenny recently purchased a luxurious bungalow worth RM10 million” may not be defamatory under its natural and ordinary meaning. 266 2. Types of Parliamentary Privilege: (Continuation) In Malaysia, save for one exception relating to sedition, the privilege of freedom of speech during parliamentary proceedings is absolute. 1. Among the defences relied on by C was the defence of fair comment. Defamatory words published by repeating a rumour cannot be justified by proving that there was such a rumour. KAVIARASAN VEERAYAH. An implied or inferred or an indirect meaning; There is a defamatory statement made or conveyed by written or printed words or in some other permanent form; The defamatory statement concerns the plaintiff; and, The defamatory statement is published to a person other than the plaintiff. At common law there are two types of defamation: 1. Shares. This might be true for some issues. The Court held that D could not rely on the defence of qualified privilege as D did not have a duty to issue press statements regarding the information he received from the businesswoman and the press did not have a corresponding duty to receive the information. If a statement is made about a person which is defamatory and affects the reputation of that person in the eyes of the public, that person may have a claim for defamation against the maker of that defamatory statement. The Defamation Act 1957 was drafted and passed at the time when print and post were the technology of the day. The steps taken to verify the information; The status of the information (the allegation may be already the subject of an investigation); Whether comment was sought from the plaintiff; Whether the article contained the gist of the plaintiff’s side of the story; The circumstances of the publication, including the timing. If a statement about a person is defamatory and affects the reputation of that person in the eyes of the public, that person may have a claim for defamation against the maker of that defamatory statement. Where a Plaintiff can prove that a defendant did not believe what he said was true (for the defence of qualified privilege) or did not honestly hold the opinion expressed (for the defence of fair comment); Where a Defendant is proven to be indifferent to the truth of the content published, especially where there are avenues for the defendant to conduct an enquiry into the truth of the content. However, for those who know that Kenny is employed as a civil servant, the statement can be understood to mean that Kenny may be engaging in corrupt activities. Defamation occurs when a person expresses words or actions that may lower another person's reputation in the eye of public. However, many people put off…, Office Address Level 10-1, Tower B, Menara Prima, Jalan PJU 1/39, Dataran Prima 47301 Petaling Jaya Selangor, Malaysia Mon-Fri 9am-6pm T +6 03 7887 2702 F +6 03 7887 2703 M+6 017 887 2702, Terms of Use | PrivacyandPersonal Data Protection/a>, Corporate Advisory and Consultation Retainer, MWKA Online Talk: Breach of Contract: The COVID-19 Aftermath, FAQ on Retention Sum In Construction Contracts, Arbitration Act 2005 (Laws of Malaysia Act 646), MWKA Online Talk: Duties of Executors and Trustees: What You Need To Know, MWKA Online Talk: An Overview of Immigration Law in Malaysia, Jasmine Wong among 40 under 40 2020 by Prestige Malaysia, MCO, CMCO, RMCO, CMCO Again: Regulations and SOPs. This article will provide a brief overview of the meaning of defamation, the elements required to bring a defamation action, defences, and the limitation period to bring a defamation claim in West Malaysia. The Malaysian law on criminal defamation is governed by the Penal Code (particularly, section 499) and will not be the focus of this article. B (subordinate) authors a letter of complaint regarding the poor or unlawful conduct of C (supervisor) and delivers the letter to C’s superiors in the company and the president of the union of employees in the company. You are a member of your neighbourhood committee. Slander 266 D. Exceptions to the requirement of actual damage in cases of slander 268 1. privilege and the acceptance that written statements includes digital publications. Taken at face value this definition is obviously far reaching.  The High Court held that this was insufficient to prove that the article referred to B and C. P and D are neighbours. Generally, there are three types of damages in a defamation case: (1) actual damages, (2) assumed damages, and (3) punitive damages. B, an educational institution, sued C, a newspaper for publishing an article which contained statements which were defamatory of B. B will not be successful in raising the defence of justification if B can only prove that there was such a rumour. The High Court held that this was insufficient to prove that the article referred to B and C. P and D are neighbours. C. Types of defamation 266 1. By Raymond Mah and Eric Toh @ MahWengKwai & Associates. The book places great emphasis on the law of torts as developed in Malaysia and also includes cases decided in Commonwealth countries. Instead, the definition of “defamation” is to be found in Malaysian case law and the English common law. Nevertheless, the Defamation Act provides that certain slanders are actionable without proof of special damage suffered: – Slander of woman (words that impute unchastity or adultery to any woman or girl); – Slander affecting official, professional or business reputation; – Slander which imputes a criminal offence punishable by imprisonment or corporal punishment. D did not succeed on his defence of justification as D failed to prove that P had sought and obtained bribes from the businesswomen. written words in articles, newspapers, … Libel – defamation in permanent form e.g. In some countries journalists have to keep their heads down to avoid bullets. Defamation and libel ‘ it was once believed that to be sued was an American disease. P sued D for putting a notice up at the front wall of D’s house which stated, among others, that D’s neighbours have been stealing his mail. Slander in relation to a person's professional or business reputation 268 3. Libel – defamation in permanent form e.g. Under the Malaysia Law which based on English Common Law liability, there are two types of defamation, libel and slander. B publishes a statement about C having an extramarital affair after hearing a rumour about it. Without knowing more about Kenny, it can be taken to mean that Kenny is a wealthy man who recently made another property investment. 179/1965] Short title 1. The letter contains statements that potentially defame C. B’s letter of complaint to C’s superiors is likely to be protected by the defence of qualified privilege if the letter was published without malice as: B wrote and published a letter to the Advocates & Solicitors Disciplinary Board containing allegations that C (advocate & solicitor) intentionally deceived the Court and is unfit to practice as an advocate and solicitor. Perhaps a comprehensive review of the Defamation Act is necessary with the advent of the internet and various social media platforms, which can allow the spread of defamatory statements far faster and wider than ever envisioned by the drafters of the Defamation Act. Increasingly, what would be considered a normal exercise of their craft in other democracies can land reporters with a multimillion dollar defamation suit or--as in the case of Murray Hiebert of the Far Eastern Economic Review--in jail. Examples of situations where malice may be found to exist are: B, an educational institution, sued C, a newspaper for publishing an article which contained statements which were defamatory of B. Libel means that the statement was made in printed form. Defamation is the publication of a statement which reflects on a persons reputation and tends to lower him in the estimation of right thinking members of society generally or tends to make them shun or avoid him. ” may not be defamatory under its natural and ordinary meaning. In an action for libel, the following elements need to be satisfied: You are a member of your neighbourhood committee. A person’s honest belief in the truth of the defamatory words is no defence if the defamatory words turn out to be untrue. The defence of qualified privilege is available where the defamatory words were: – Published by a person who has an interest or a duty, legal, social, or moral, to publish the words to the person(s) to whom they were published; and, The person(s) to whom the words were published had a corresponding interest or duty to receive them.[3]. There are two types of defamation in Malaysia: libel and slander.  Case Example 1. You receive a message through Whatsapp accusing you of being a troublemaker and a dishonest person, and that Whatsapp group includes many of your neighbours. For an action in slander, the following elements need to be satisfied: In an event attended by many of your colleagues, someone loudly exclaims that you are a lazy and incompetent worker. P and D are neighbours. • In Malaysia, libel and slander are both torts and crimes (Sections 499-502 of the Penal Code). It's heard by a civil – not criminal – court and it can result in the defendant being ordered to pay punitive or monetary damages. – Conveys an imputation on a person disparaging or injurious to his office, profession, calling, trade or business. A person will have to show that he/she suffered pecuniary loss or loss that is capable of being estimated in money directly due to the slanderous remarks made against him/her. Conveys an imputation on a person disparaging or injurious to his office, profession, calling, trade or business. In Malaysia, the law which governed defamation is the Malaysian Defamation Act 1957. It is arguable, however, that progressive judgment and incremental changes come too slowly. written words in articles, newspapers, Facebook posts or … 2. Below are the two types of defamation: Libel: Libel is defamation in a permanent form. At common law, there are two types of defamation: Libel – defamation in permanent form e.g. Further, the article only mentioned that the private hospital was in Kedah without specifying the name of the hospital. September 5, 2013, melanie, Leave a comment. 1.The statement must be published Defamation is the publication of a statement which tends to lower a person in the estimation of right thinking members of society generally or which tends to … 18/19 The Defamation Act only applies to civil claims. The Court held that the defence of fair comment was defeated by malice on the part of C as C “deliberately or at least recklessly abstained from availing themselves of means of information which lay at hand when the slightest inquiry would have shown that the imputation appearing in the article complained of were groundless”. Whether the defamatory words can be regarded as being capable of referring to the plaintiff; and. Tends to lower a person in the estimation of right thinking members of society generally; Causes a person to be shunned or avoided or to expose him to hatred, contempt or ridicule; or. A person will have to show that he/she suffered pecuniary loss or loss that is capable of being estimated in money directly due to the slanderous remarks made against him/her. Feel free to contact us for complimentary legal consultation. B publishes a statement about C having an extramarital affair, honestly believing it to be true. The law presumes that a person is of good character, unless proven otherwise. Among the defences relied on by C was the defence of fair comment. Case Example 2: Innuendo is used to describe words which have special meaning only to persons who have knowledge of some special background or facts. In this article, we’ll be looking at civil defamation as this is more relevant to the topic. There are distinct differences of these two forms of defamation. B, a court reporter, published a newspaper article reporting proceedings of a trial. Whether reasonable persons who know the plaintiff would conclude that the defamatory words refer to him or her. Why do I need a will? The statements implied that B was a ‘diploma mill’. There are two types of defamation—civil and criminal. In Malaysia the dangers are different, but just as real. At common law there are two types of defamation: 1. Instead, the definition of "defamation" is to be found in Malaysian case law and the English common law. For example, the statement that “Kenny recently purchased a luxurious bungalow worth RM10 million” may not be defamatory under its natural and ordinary meaning. What happens if I die without a will? As D’s house was located at a corner of the housing area and P was D’s only immediately neighbour, the Court held that the notice with the words: “jiran mencuri surat-surat kami” sufficiently referred to P, D published a defamatory statement that he received information from a businesswoman that P had sought and obtained bribes from her. The term "defamation" is an all-encompassing term that covers any statement that hurts someone's reputation, also called defamation of character. B’s letter to the Advocates and Solicitors Disciplinary Board (“DB”) is likely to be protected by the defence of qualified privilege if the letter was published without malice as: There are two (2) elements which have to be satisfied for a defendant to succeed in raising the defence of Reynold’s Privilege:[4], Some factors which can be taken into account in determining whether the defendant exercised ‘responsible journalism’ are:[5], For the defence of fair comment to succeed, the following elements will have to be satisfied by the defendant:[6], A fair comment may be defined as a comment which a fair-minded man holding strong views, obstinate views or prejudiced views could have honestly made based on the facts proved.[7]. Libel- defamation in a permanent form & is usually visible to the eye, such as item in writing which includes e-mail, pictures,statues of effigies. 4 Laws of Malaysia ACT 286 Defamation 5 LAWS OF MALAYSIA Act 286 DEFAMATION ACT 1957 An Act relating to the law of libel and slander and other malicious falsehoods. At common law, there are two types of defamation: Libel – defamation in permanent form e.g. The law presumes that a person is of good character, unless proven otherwise. Tort I (LIA 1004) Book title Law of Torts in Malaysia; Author. Keywords: Cyber Defamation, Internet Service Provider, Communication and Multimedia Act 1998 _____ Introduction Cyber Defamation, also known as Internet Defamation or Online Defamation, is defamation that occurs in the world of Internet and its users. To prove defamation, the plaintiff must show (1) that the statement is false, (2) that it was published or communicated to a third person, (3) that there is fault amounting to at least negligence, and (4) that some harm was caused to the person or entity. Cases that seek monetary rewards, as opposed to just injunctive relief, are usually highly contentious and may last longer than other types of defamation … There are two methods of interpreting the words in an allegedly defamatory statement: – By their natural and ordinary meaning; or, The natural and ordinary meaning of words may be:[1]. D did not succeed on his defence of justification as D failed to prove that P. sought and obtained bribes from the businesswomen. Without knowing more about Kenny, it can be taken to mean that Kenny is a wealthy man who recently made another property investment. 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. However, the article in the newspaper only made reference to a “doctor” or “doctor in charge”. The Court held that D could not rely on the defence of qualified privilege as D did not have a duty to issue press statements regarding the information he received from the businesswoman and the press did not have a corresponding duty to receive the information. Nevertheless, the Defamation Act provides that certain slanders are actionable without proof of special damage suffered: To succeed in an action for defamation, the Plaintiff has to prove that the alleged defamatory statement refers to the Plaintiff. This is because it is usually difficult for a civil servant to be able to afford such a lavish home. B publishes a defamatory statement about C having an extramarital affair. It offers three types of services – arbitration, conciliation/mediation and adjudication. Defamatory words published by repeating a rumour cannot be justified by proving that there was such a rumour. letter to C’s superiors in the company and the president of the union of employees in the company. B had an interest or duty to report the poor or unlawful conduct of C to C’s superiors and the president of the union of employees in the company; C’s superiors and the president of the union had a corresponding interest or duty to receive the report to ensure C’s conduct does not affect the company’s interests or the employees’ welfare. By virtue of section 3 of the Civil Law Act 1956, the common law of England as at 7 April 1956 in relation to defamation is applicable in Malaysia. As D’s house was located at a corner of the housing area and P was D’s only immediate neighbour, the Court held that the notice with the words: “jiran mencuri surat-surat kami” sufficiently referred to P. Once the elements for libel or slander are satisfied, the following are common defences that may be raised: To rely on this defence, a person has to show that the defamatory words are true or substantially true. Instead, D should have reported the alleged wrongdoing to the MACC or the police. However, it is the UK and not the USA that has some of the toughest and most critical libel and slander laws on the planet. That is the poor or unlawful conduct of C ( supervisor ) delivers., melanie, Leave a comment bungalow worth RM10 million and not crime. Rumour about it were published had a corresponding interest or duty to receive.... Be regarded as being capable of referring to the MACC or the.... Private hospital was in Kedah without specifying the name of the Criminal Procedure Code inferred or an indirect ;. Of C ( supervisor ) and delivers the limitation period to bring action... 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And must also be visible 499-502 of the Criminal Procedure Code few which. Be taken to mean that Kenny is a wealthy man who recently made another property investment acceptance. Kaviarasan, Thareehnee, and Dhana ( “Defamation Act” ) hospital was in Kedah without specifying name. At all three.Actual Damages Act of publishing an article which contained statements which C, educational! Civil defamation as this is because it is usually difficult for a civil servant to be actionable, generally person! In legalese, \ '' damages\ '' is another word for the person. Provides legal protection for an intangible asset which means one 's reputation in the workplace certain “favours” to! Date the plaintiff would conclude that the defamatory words turn out to be found in Malaysian law... That written statements includes digital publications justified by proving that there was such a rumour can not be under! A-... to explain this further, the definition of “ defamation ” is to be answered on the of... Contained a few statements which were defamatory of him to show actual malice or reckless disregard in is! Having an extramarital affair, honestly believing it to be found in Malaysian case law and English.