defamation cases in malaysia pdf

The Sedition Act 1948 (Malay: Akta Hasutan 1948) in Malaysia is a law prohibiting discourse deemed as seditious.The act was originally enacted by the colonial authorities of British Malaya in 1948 to contain the local communist insurgence. The ruling comes amid concern among activists about freedom of expression in Malaysia and is the latest against Malaysiakini, an independent publication that has often attracted scrutiny from authorities. In Malaysia, defamation cases do not only linger around Jeyaratnam v. Goh Chok Tong [1985] 3 MLJ 334.)”. Online news portal Malaysiakini has won against a defamation suit filed by gold mine company Raub Australian Gold Mining (RAGM). This definition can be added to that employed in Sim v Stretch. Malaysia's highest court on Friday ordered news portal Malaysiakini to pay 550,000 ringgit ($132,179.76) in damages for in a defamation case filed by a now-defunct Australian mining firm. 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. Liability of abettor when one act is abetted and a different act is done 112. MCA Public Service and Complaints Department head Datuk Michael Chong today filed a defamation suit against Guang Ming Daily for publishing a report which allegedly referred him as "Ah Long King". In defamation cases, the Court has to balance a person’s right to free speech and a person’s right to not be defamed. Concept on defamation was discussed in First Section. 3 Dedication I dedicate this research to my … Instead, the definition of “defamation” is to be found in Malaysian case law and the English common law. Although these decisions are not binding on the Malaysian courts, they may be useful as guides. The fact that South Africa seems to be lagging behind other countries in formulating a clear legislative framework to deal with online defamation cases warrants general concern. In these cases, the High Court has granted damages between RM50,000 to RM100,000. The suit was filed at the High Court (Civil Division) Registry through Messrs … Malaysian cases have applied, in particular, English or Australian developments in qualified privilege. RTF format. Defamation was described by Parker B, at 108, as “A publication, without justification or lawful excuse, which is calculated to injure the reputation of another, by exposing them to hatred, contempt or ridicule”. The matter is governed by … It assesses the presence of constraints on press freedoms in democratic western countries imposed by … an individual in his reputation. As there are limited Malaysian cases on the issue of internet jurisdiction, reference is made primarily to American and 'European decisions. On 27 April 2012, the High Court in Kuala Lumpur entered judgment for a total of MYR500,000 (£101,000) in a defamation claim brought by Mohamad Salim against the well known journalist, R. Nadeswaran (pictured) over two posting on Twitter. How to Prove Defamation? The defendant denies that the statements were made with malice to tarnish the reputation of the plaintiff. PDF format. ARTICLE 19 – Free Word Centre, 60 Farringdon Rd, London EC1R 3GA – www.article19.org – +44 20 7324 2500 Page 7 of 29 . The Defamation Act does not define the word "defamation". ARTICLE 19 will release a separate policy document on privacy and freedom of expression in 2016. Hence, it is perhaps vital for us to first look into the meaning of the term ‘defamation’ before focusing the discussion on the concept of libel law. The Defamation Act does not define the word “defamation”. DEFAMATION CASES IN MALAYSIA By SYAZWANI BT SOAIB (2007144017) NUR HIDAYAH BT ISHAK (2007143921) SITI ZULAIKHA BT MAHADI (2007144007) NURRUL NAEMA BT ABD AZIZ (2007143939) NUR AIMAN SHAZWIN BT SHAFAAI (2007143909) Submitted in Partial Fulfillment of the Requirements for Bachelor of Legal Studies (Hons) UNIVERSITI TEKNOLOGI MARA Faculty of Law … 9th June 2007, NST. (Omitted) SCHEDULE 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. defamation issues in this document does not necessarily reflect the views of UNESCO. AND MCEBO FREEDOM DHLAMINI DEFENDANT JUDGMENT . 9 The defendant further testified that sometime in December 2009 she came across a thread on the forum which was started … Throughout her legal career of more than 20 years, she has been involved in various defamation cases in Singapore. In cyber-defamation cases, the High Court has granted damages between RM50K to RM100K; Court assumes that you have published something if it originates from your email, Facebook, etc ; IN THIS second, of a four-part series, I will talk about the rise of cyber-defamation. The matter is governed by common law. The Malaysian Defamation Act 1957 does not define the term ‘defamation’. DEFAMATION AND MALAYSIA Andrew T Kenyon* and Ang Hean LENGf The defence of qualified privilege has developed in the defamation law of many countries that share English legal heritage. KUALA LUMPUR (Reuters) - Malaysia's highest court on Friday ordered news portal Malaysiakini to pay 550,000 ringgit ($132,179.76) in damages for in a defamation case … Defamation Law in Malaysia Focusing on Internet and Blog and Social Media [Writer Name] [Institute Name] 2 Acknowledgements I would like to thank my professor -----, at -----University, who has been essential in supporting my through this research, encouraging me through the problems I faced throughout the paper and aggravated me to work hard. Separate assessment of damages in certain cases in actions for libel 19. In cyber-defamation cases, the High Court has granted damages between RM50K to RM100K; Court assumes that you have published something if it originates from your email, Facebook, etc ; IN THIS second, of a four-part series, I will talk about the rise of cyber-defamation. Reputation is defined in the Oxford English dictionary as “thecommon or general estimate of a person with respect to character or other qualities; the relative estimation or esteem in which a person…is held”. Recent media reports and an upsurge in online defamation cases epitomised by the well-documented Penny Sparrow case8 has highlighted the need to address this scourge that appears to be spiralling out of control. PRESS FREEDOM IN SINGAPORE AND MALAYSIA: DEFAMATION AND OTHER CONSTRAINTS Georgia Kate Chapman Law School, University of Wollongong ABSTRACT This paper focuses on the arguments around restriction on freedom of the press in the Strong States of Singapore and Malaysia. September 30, 2011 Khalid Samad wins defamation suit against Utusan by Hafiz Yatim@www.malaysiakini.com Sep 30, 11 5:32pm The Kuala Lumpur High Court has found Utusan Malaysia culpable of libel in publishing a statement incriminating of Shah Alam MP Khalid Samad (left). Punishment of abetment if the person abetted does the act with a different intention from that of the abettor 111. The defendant had written a letter stating that the claimant was “a lying, low down brothel keeping whore and thief”. In the matter between; MWANELE MANYI PLAINTIFF . 21. THE LAW ON DEFAMATION IN MALAYSIA. Internet Service Provider (ISP) for cyber defamation in Malaysia under Communications and Multimedia Act 1998. The Defamation Act does not define the word “defamation”. Instead, the definition of “defamation” is to be found in Malaysian case law and the English common law. 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. The Court dealt with numerous defamatory online postings that went viral. Luckily, both common and statute law has developed a framework to limit the extent of the tort of defamation. This has involved a significant balancing act - on the one hand, the law needs a way to deal with damaging false statements, else an individual with enough money or media control could shape public perception at will. [1] The plaintiff, instituted a defamation action against … In the life of politicians but also the celebrities and royalties. For example, in a Malaysia case that took place in 1984, the Court held that the lawyer who called a registrar of the Court corrupted was found liable for slander. MAVUNDLA J. So, what is defamation really? Published in 2009 by Sweet & Maxwell Asia a division of 'The Thomson Corporation (M) Sdn Bhd (441723-A) No 17, Jalan PJS 7/19 46150 Petaling Jaya, Selangor, Malaysia Affiliated … Punishment of abetment if the act abetted is committed in consequence, and where no express provision is made for its punishment 110. In defamation cases, the required form of fault is INTENTION (you cannot negligently defame a person) REMEDIES 1. There are 3 elements to be satisfied before defamation can … Defamation Malaysian Cases Saturday, June 09, 2007. 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. KUALA LUMPUR, Nov 30 — Singer Shila Amzah or her real name, Nurshahila Amir Amzah, will testify on Dec 7 in the hearing of her defamation suit against an entertainment reporter and two others in relation to a defamatory article published in … 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. Instead, the definition of "defamation" is to be found in Malaysian case law and the English common law. Doris co-authored the 3rd edition of, “Evans on Defamation in Singapore and Malaysia” (2008 Ed) which has been cited in various … Abetment in Malaysia of offences outside Malaysia 109. Citation: [1963] 1 WLR 151. INTRODUCTION The law of defamation provides legal protection for an intangible asset i.e. Michael Chong sues Guang Ming daily. However, Malaysian judgments have not engaged in a close analysis of how the foreign changes … In Malaysia, the concept of libel law cannot be addressed in isolation without making a cross reference to the law of defamation. The law of defamation in Malaysia is primarily based on the English common law principles except insofar as it has been modified by the Malaysian Defamation Act 1957 (Talib, 2010). In … [84] Taking all the foregoing into account, and in particular, the general trend in awards by our courts in cases of defamation, as considered above, I am of the considered view that an award that will to take into account all the aforegoing important imperatives is the following: 1. Transitional provisions and saving 22. In any case, the Principles on Defamation only focus on laws that protect reputation. Malaysian Defamation Act 1957 does not define the term ‘defamation’. As such, cases involving defamatory statements made on social media platforms are on the rise. Instead, the definition of “defamation” is to be found in Malaysian case law and the English common law. Severance of defences 20. 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. Awareness in cyber defamation cases among adolescent can practically differ from the perspective of early adulthood and the aim of this research is to increase the behavior of helping and academic shared writing. IN THE HIGH COURT OF THE REPUBLIC OF SOUTH AFRICA (GAUTENG DIVISION, PRETORIA) [REPUBLIC OF SOUTH AFRICA] CASE NUMBER: 36077/13. These findings should be the early initiatives in helping our students to be aware of this cyber defamation. In Second Section, we will examine how ISP can be regarded as a third party in cases where its subscribers commit cyber defamation. The Malaysian Defamation Act 1957 is in pari materia with the English Defamation Act 1952 (Talib, 2010). Modified 11 Jan 2018, 3:36 pm. This is not constrained to cases involving politicians but also the general public at large. Malaysia’s Najib Razak made history by becoming the country’s first Prime Minister to sue a media organization for libel. In any case, it has already been held that it is the Police that arrested the Plaintiff and took him into custody. Malaysian Tort Law: Cases and Commentary Mohd Altaf Hussain Ahangar LLB, LLM, PhD (India) Professor Ahmad Ibrahim Kulliyyah of Laws International Islamic University Malaysia SWEET & MAXWELL ASIA . 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. Revised Defining Defamation Principles: Background paper . Euronews - KUALALUMPUR – Malaysia’s highest court on Friday ordered news portal Malaysiakini to pay 550,000 ringgit ($132,179.76) in damages for in a defamation … Malaysian news portal ordered to pay damages to Australian miner in defamation case - Flipboard Most of these cases were related to cyber-defamation. She represents and advises major media agencies in Singapore and conducts talks on defamation and media law for journalists regularly. He was also sued for the defamatory third party comments posted below his … To my mind, it would be stretching the law of defamation beyond its limit to hold that incarceration and/or court attendances, without more, constitute defamation. Gloco Malaysia Sdn Bhd (formerly known as Gloco Holdings Sdn Bhd) … Plaintif Dan ... will also rely on section 8 and section 9 of the Defamation Act 1957. The Defamation Act does not define the word “defamation”. 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