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. 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. This is because it is usually difficult for a civil servant to be able to afford such a lavish home. written words in articles, newspapers, Facebook posts or Whatsapp messages; Slander – defamation in temporary form e.g. You agree & accept our Terms & Conditions to signup. 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. 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. Defamation is the act of publishing an untrue statement which negatively affects someone’s reputation. 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: – B had an interest or duty to report the complaints against the professional conduct of C to the DB for the DB to investigate the complaint under the Legal Profession Act 1976; – The DB had a corresponding interest or legal duty as mandated by the law to receive the complaints. 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. Libel – defamation in permanent form e.g. – An implied or inferred or an indirect meaning; – Any meaning based on general knowledge. The Defamation Act does not define the word “defamation”. The term defamation is actually an umbrella for two types of wrongdoing: libel and slander. There are two questions that have to be answered on the issue of reference to the Plaintiff:[2], 1. 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”. Course. In West Malaysia, the limitation period to bring an action in defamation is six (6) years. What happens if I die without a will? Further, the article only mentioned that the private hospital was in Kedah without specifying the name of the hospital. Defamation occurs when a person expresses words or actions that may lower another person's reputation in the eye of public. Let's take a closer look at all three.Actual Damages. 179/1965] Short title 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. – 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. B, a court reporter, published a newspaper article reporting proceedings of a trial. 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. You are a member of your neighbourhood committee. This Act may be cited as the Defamation Act 1957. The common law evolves to keep up to date, for example, with the adoption of new principles such as the Reynold’s privilege and the acceptance that written statements includes digital publications. P and D are neighbours. By Raymond Mah and Eric Toh @ MahWengKwai & Associates. 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. D published a defamatory statement that he received information from a businesswoman that P (a local councillor) had sought and obtained bribes from her. At common law there are two types of defamation: 1. 2. – 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). Additionally, for slander to be actionable, generally a person is required to prove that he/she suffered actual damage or special damage. 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. Libel; Slander; Libel. Feel free to contact us for complimentary legal consultation. Innuendo is used to describe words which have special meaning only to persons who have knowledge of some special background or facts. The High Court held that this was insufficient to prove that the article referred to B and C. P and D are neighbours. 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. The Malaysian law on criminal defamation is governed by the Penal Code (particularly, section 499) and will not be the focus of this article. In legal terms, a defamation case is a tort, or civil wrong. The Malaysian Defamation Act 1957 does not define defamation. There are two types of defamation that is. 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. 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. Slander to women 268 2. The law presumes that a person is of good character, unless proven otherwise. B will not be successful in raising the defence of justification unless B can prove that C did indeed engage in adultery. 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. in relation to defamation is applicable in Malaysia. Universiti Malaya. It is an established rule that defamation occurs where a material is read, heard or observed and the person defamed has a reputation to protect, not where the material originated (Aun, 2003). Among the defences relied on by C was the defence of fair comment. – 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. 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. Conveys an imputation on a person disparaging or injurious to his office, profession, calling, trade or business. B (subordinate) authors a letter of complaint regarding the poor or unlawful conduct of C (supervisor) and delivers. B will not be successful in raising the defence of justification if B can only prove that there was such a rumour. Further, the article only mentioned that the private hospital was in Kedah without specifying the name of the hospital. The burden of proof to show actual malice or reckless disregard in defamation law is much higher than other types of damages. spoken words. Thus, statements in newspapers, books, letters, notices, articles are libels. D did not succeed on his defence of justification as D failed to prove that P had sought and obtained bribes from the businesswomen. D published a defamatory statement that he received information from a businesswoman that P (a local councillor) had sought and obtained bribes from her. To succeed in an action for defamation, the Plaintiff has to prove that the alleged defamatory statement refers to the Plaintiff. The statements implied that B was a ‘diploma mill’. The Tort of Defamation: Concepts and Cases on Libel and Slander in Malaysia and Singapore Print The Tort of Defamation is an authoritative specialist text covering various defamation situations occurring in context of the Malaysian and Singapore's landscape. NOTES PREPARED BY UNIVERSITY MALAYA LAW STUDENTS: Kaviarasan, Thareehnee, and Dhana. [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. and will not be the focus of this article. Under the Malaysia Law which based on English Common Law liability, there are two types of defamation, libel and slander. person’s honest belief in the truth of the defamatory words is no defence if the defamatory words turns out to be untrue. Slander – defamation in temporary form e.g. . 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. 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. Arbitration in Malaysia is governed by the Arbitration Act 2005 (Amended 2011), which is based on the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration. Essentials of Defamation – There are three main essentials of Defamation viz., 1. Libel – defamation in permanent form e.g. Libel means that the statement was made in printed form. There are two types of defamation in Malaysia: libel and slander. 4. A person’s honest belief in the truth of the defamatory words is no defence if the defamatory words turn out to be untrue. spoken words. In Malaysia the dangers are different, but just as real. A+ A- ... To explain this further, we’ll need to look at the law of defamation. Note: This article does not constitute legal advice to any specific case. Without knowing more about Kenny, it can be taken to mean that Kenny is a wealthy man who recently made another property investment. 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. Cases that seek monetary rewards, as opposed to just injunctive relief, are usually highly contentious and may last longer than other types of defamation … Libel 266 Libel by omission? It's heard by a civil – not criminal – court and it can result in the defendant being ordered to pay punitive or monetary damages. Instead, the definition of “defamation” is to be found in Malaysian case law and the English common law. privilege and the acceptance that written statements includes digital publications. At common law, there are two types of defamation: Libel – defamation in permanent form e.g. 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. provisions specifically on liability of internet service provider in Malaysia. written words in articles, newspapers, Facebook posts or … It goes through the nature and function of tort law, the rules and principles that govern it and the remedies available. Both defences of qualified privilege and fair comment will fail if it is proven that the defamatory words were published with malice. Whether reasonable persons who know the plaintiff would conclude that the defamatory words refer to him or her. 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. Slander 266 D. Exceptions to the requirement of actual damage in cases of slander 268 1. 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. The Defamation Act 1957 was drafted and passed at the time when print and post were the technology of the day. written words in articles, newspapers, … Both defences of qualified privilege and fair comment will fail if it is proven that the defamatory words were published with malice. The person(s) to whom the words were published had a corresponding interest or duty to receive them. 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. 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. There are two questions that have to be answered on the issue of reference to the Plaintiff:[2]. Libel is when such words are expressed in a permanent form. Libel – defamation in permanent form e.g. Taken at face value this definition is obviously far reaching. written words in articles, newspapers, … D published a defamatory statement that he received information from a businesswoman that P had sought and obtained bribes from her. 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. Shares. The law presumes that a person is of good character, unless proven otherwise. 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. 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 publishes a statement about C having an extramarital affair, honestly believing it to be true. 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. 1. ” may not be defamatory under its natural and ordinary meaning. This is because it is usually difficult for a civil servant to be able to afford such a lavish home. 1.2 Problem Statement. 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. • In England, libel is a tort as well as a crime whereas slander is only a tort and not a crime. 18/19 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. [Peninsular Malaysia--1 July 1957; Sabah and Sarawak--6 May 1965, L.N. 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 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 reasonable persons who know the plaintiff would conclude that the defamatory words refer to him or her. 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 Court held that the words published in their natural and ordinary meaning imputed to C the following: 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. 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. It is usually written and must also be visible. 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. (Rawpixel pic) Many people have to deal with a toxic boss at one point or another in their career.  The High Court held that this was insufficient to prove that the article referred to B and C. P and D are neighbours. 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 Defamation Act only applies to civil claims. In this article, we’ll be looking at civil defamation as this is more relevant to the topic. 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. Defamation - Summary Law of Torts in Malaysia. 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. 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”. Whether the defamatory words can be regarded as being capable of referring to the plaintiff; and. 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. not from the date the plaintiff first had knowledge. Whether the defamatory words can be regarded as being capable of referring to the plaintiff; and. The book places great emphasis on the law of torts as developed in Malaysia and also includes cases decided in Commonwealth countries. Slander (any false oral statement or representation that amounts to … Without knowing more about Kenny, it can be taken to mean that Kenny is a wealthy man who recently made another property investment. Slander in relation to a person's professional or business reputation 268 3. In Malaysia, the law on defamation is contained in the Malaysian Defamation Act 1957. 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. • In Malaysia, libel and slander are both torts and crimes (Sections 499-502 of the Penal Code). 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