D published a defamatory statement that he received information from a businesswoman that P (a local councillor) had sought and obtained bribes from her. 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. In an event attended by many of your colleagues, someone loudly exclaims that you are a lazy and incompetent worker and you are only in your current position due to certain “favours” provided to your superiors.  The High Court held that this was insufficient to prove that the article referred to B and C. P and D are neighbours. 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. B, an educational institution, sued C, a newspaper for publishing an article which contained statements which were defamatory of B. ” may not be defamatory under its natural and ordinary meaning. 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). Malaysia: Defamation Act 1957 Type of defamatory statement 1) Libel: statements made in a permanent form. 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. 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. That C’s impolite and non-compliant conduct caused the judge to become angry or upset so as to cause the judge to walk out of the court without warning. If the statement is made in writing and published, the defamation is called "libel." 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. 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. Innuendo is used to describe words which have special meaning only to persons who have knowledge of some special background or facts. The Malaysian Defamation Act 1957 does not define defamation. 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. 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. B publishes a statement about C having an extramarital affair after hearing a rumour about it. [Peninsular Malaysia--1 July 1957; Sabah and Sarawak--6 May 1965, L.N. Statements given to police under Section 112 of the Criminal Procedure Code. It offers three types of services – arbitration, conciliation/mediation and adjudication. 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. B will not be successful in raising the defence of justification if B can only prove that there was such a rumour. Under the Malaysia Law which based on English Common Law liability, there are two types of defamation, libel and slander. This act is in pari materia with the English Defamation Act 1952 and governs civil defamation whilst sections 499 and 500 of the Malaysian Penal Code deal with criminal libel. D published a defamatory statement that he received information from a businesswoman that P had sought and obtained bribes from her. Further, the article only mentioned that the private hospital was in Kedah without specifying the name of the hospital. 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. A person’s honest belief in the truth of the defamatory words is no defence if the defamatory words turns out to be untrue. Types of defamation. 266 2. In West Malaysia, the limitation period to bring an action in defamation is six (6) years. 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. In Malaysia the dangers are different, but just as real. University. • In England, libel is a tort as well as a crime whereas slander is only a tort and not a crime. There are two questions that have to be answered on the issue of reference to the Plaintiff:[2], 1. 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. The origins in the common law of defamation are grievances (harmful statement in a transitory form, especially as spoken) and libel (harmful statement in a fixed medium, especially writing but also a picture, sign, or electronic broadcast), each of which gives a right of action. 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”. 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. In legalese, \"damages\" is another word for the harmed person's losses resulting from the at-fault party's actions. 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. 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. A person’s honest belief in the truth of the defamatory words is no defence if the defamatory words turn out to be untrue. 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 letter contains statements that potentially defame C. 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. not from the date the plaintiff first had knowledge. The Malaysian law on criminal defamation is governed by the Penal Code (particularly, section 499) and will not be the focus of this article. For example, the statement that “Kenny recently purchased a luxurious bungalow worth RM10 million” may not be defamatory under its natural and ordinary meaning. 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 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. Once the elements for libel or slander are satisfied, the following are the 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. 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. 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]. [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? D published a defamatory statement that he received information from a businesswoman that P had sought and obtained bribes from her. The article contained a few statements which C, an advocate and solicitor, claimed was defamatory of him. The term defamation is actually an umbrella for two types of wrongdoing: libel and slander. B publishes a defamatory statement about C having an extramarital affair. B publishes a statement about C having an extramarital affair, honestly believing it to be true. 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”. The statements implied that B was a ‘diploma mill’. By their natural and ordinary meaning; or. 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. 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. However, this defence will fail if the defamatory words were published with malice. C. Types of defamation 266 1. Whether reasonable persons who know the plaintiff would conclude that the defamatory words refer to him or her. TYPES OF DEFAMATION • Defamation may be divided into two different types, namely, libel and slander. "This book simplifies a very specialised area of law and considers the latest cases in the area of defamation in Singapore and Malaysia, including defamation cases on the internet. Defamation - Summary Law of Torts in Malaysia. Whether reasonable persons who know the plaintiff would conclude that the defamatory words refer to him or her. And Eric Toh @ MahWengKwai & Associates thus, statements in newspapers, Facebook posts or Whatsapp messages slander... 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