Case Study Defamation In Malaysia

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.

Case study defamation in malaysia. 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. Criminal defamation is covered by chapter xxi sections 499 to 502 of the penal code. Instead the definition of defamation is to be found in malaysian case law and the english common law. In malaysia defamation can be both a civil and criminal offence.

Defamation generally occurs in printing in articles books even scientific publications where one. The defamation act does not define the word defamation. Given the fundamental importance of the right to freedom of expression and its recognition in article 10 of the malaysian constitution article 19 urges the court to. Even the foreign wire agencies are painting it in these colours prominently quoting opposition leader lim kit siang s view that the case would have a chilling effect on freedom of speech in malaysia and that it was a grave development in the defence of the legal rights of bloggers and citizen journalists in malaysia to break the stifling monopoly of the mainstream media.

Defamation is not always practised to damage someone s reputation on purpose but it is still considered to be a crime. The pilot case in malaysia. Ahead of malaysia human right defender and blogger charles hector s defamation trial on 28 29 june 2011 article 19 calls on the malaysian court to consider the case in line with international freedom of expression standards. The case considers the assessment of compensation in irish defamation cases and the interaction of this process with article 10 of the convention.

Judge azman abu hassan said the court found wong had proven her case and that the remarks made by lee were indeed defamatory. Was successful before a jury in the high court the case was appealed to the irish supreme court on grounds that the damages awarded at first instance eur 1 872 000 were excessive. Defamation is the spread of the malicious statements which cause harm to the reputation of an individual a group of people an organization etc. The quantum of damages awarded in each case differs based on the specific facts of the said case normal individuals must also take note that the mere fact that if a certain public figure brings a defamation suit for rm100 million it does not mean that said public figure will be entitled to rm100 million in the event they are successful in the claim.

A high profile case heard shocking allegations about his domestic abuse towards ex wife amber heard. Facebook account owner. Azman ordered lee to pay wong rm350 000 in general damages and rm50.