Innuendo is used to describe words which have special meaning only to persons who have knowledge of some special background or facts. [Peninsular Malaysia--1 July 1957; Sabah and Sarawak--6 May 1965, L.N. Defamation occurs when a person expresses words or actions that may lower another person's reputation in the eye of public. 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. 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. – An implied or inferred or an indirect meaning; – Any meaning based on general knowledge. The burden of proof to show actual malice or reckless disregard in defamation law is much higher than other types of damages. 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. 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. Let's take a closer look at all three.Actual Damages. 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”. In Malaysia, the law on defamation is contained in the Malaysian Defamation Act 1957. Innuendo is used to describe words which have special meaning only to persons who have knowledge of some special background or facts. There are two questions that have to be answered on the issue of reference to the Plaintiff:[2], 1. 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. At common law, there are two types of defamation: For both libel and slander, a defamatory statement is required. 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. D published a defamatory statement that he received information from a businesswoman that P had sought and obtained bribes from her. It offers three types of services – arbitration, conciliation/mediation and adjudication. The law presumes that a person is of good character, unless proven otherwise. spoken words. Essentials of Defamation – There are three main essentials of Defamation viz., 1. 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). [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? Note: This article does not constitute legal advice to any specific case. 266 2. By Raymond Mah and Eric Toh @ MahWengKwai & Associates. Academic year. – 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. The statements implied that B was a ‘diploma mill’. The term defamation is actually an umbrella for two types of wrongdoing: libel and slander. 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]. B (subordinate) authors a letter of complaint regarding the poor or unlawful conduct of C (supervisor) and delivers. – The defence of absolute privilege can still succeed even if the statement was made with malice by the defamer. Slander in relation to a person's professional or business reputation 268 3. For example, the statement that “Kenny recently purchased a luxurious bungalow worth RM10 million” may not be defamatory under its natural and ordinary meaning. There are two (2) elements which have to be satisfied for a defendant to succeed in raising the defence of Reynold’s Privilege:[4]. Both defences of qualified privilege and fair comment will fail if it is proven that the defamatory words were published with malice. B will not be successful in raising the defence of justification if B can only prove that there was such a rumour. 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. 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 … The nature of the information, and the extent to which the subject matter is a matter of public concern.  The High Court held that this was insufficient to prove that the article referred to B and C. P and D are neighbours. 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. 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. The Defamation Act 1957 was drafted and passed at the time when print and post were the technology of the day. University. 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. 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. 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. In legal terms, a defamation case is a tort, or civil wrong. (Rawpixel pic) Many people have to deal with a toxic boss at one point or another in their career. In Malaysia, the law which governed defamation is the Malaysian Defamation Act 1957. 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. Instead, the definition of "defamation" is to be found in Malaysian case law and the English common law. Luckily, both common and statute law has developed a framework to limit the extent of the tort of defamation. B publishes a statement about C having an extramarital affair, honestly believing it to be true. in relation to defamation is applicable in Malaysia. Some factors which can be taken into account in determining whether the defendant exercised ‘responsible journalism’ are:[5], – The nature of the information, and the extent to which the subject matter is a matter of public concern. 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. 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. 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 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”. 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. Defamatory words published by repeating a rumour cannot be justified by proving that there was such a rumour. The Malaysian Defamation Act 1957 does not define defamation. D did not succeed on his defence of justification as D failed to prove that P. sought and obtained bribes from the businesswomen. – 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). 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 statements implied that B was a ‘diploma mill’. The law presumes that a person is of good character, unless proven otherwise. Without knowing more about Kenny, it can be taken to mean that Kenny is a wealthy man who recently made another property investment. B will be successful in raising the defence of justification if B can prove that C did indeed engage in adultery. D published a defamatory statement that he received information from a businesswoman that P (a local councillor) had sought and obtained bribes from her. 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. written words in articles, newspapers, Facebook posts or … 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, Facebook posts or Whatsapp messages; Slander – defamation in temporary form e.g. 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 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. 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]. C. Types of defamation 266 1. This Act may be cited as the Defamation Act 1957. 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. 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. The Defamation Act does not define the word “defamation”. 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. D published a defamatory statement that he received information from a businesswoman that P had sought and obtained bribes from her. There are two types of defamation in Malaysia: libel and slander. B publishes a statement about C having an extramarital affair after hearing a rumour about it. The Malaysian law on criminal defamation is governed by the Penal Code (particularly, section 499) and will not be the focus of this article. 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. The book places great emphasis on the law of torts as developed in Malaysia and also includes cases decided in Commonwealth countries. 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. At common law, there are two types of defamation: Libel – defamation in permanent form e.g. B publishes a statement about C having an extramarital affair after hearing a rumour about it. 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. 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 Defamation Act only applies to civil claims. The person(s) to whom the words were published had a corresponding interest or duty to receive them. spoken words. In West Malaysia, the limitation period to bring an action in defamation is six (6) years. The time begins to run from the date of publication of the defamatory statement and not from the date the plaintiff first had knowledge of the defamatory statement. There are two types of defamation that a plaintiff can establish in his suit for defamation. Conveys an imputation on a person disparaging or injurious to his office, profession, calling, trade or business. 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. 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. Among the defences relied on by C was the defence of fair comment. Without knowing more about Kenny, it can be taken to mean that Kenny is a wealthy man who recently made another property investment. 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 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. 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. This person also said that you are only in your current position due to certain “favours” provided to your superiors. 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 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. 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. It goes through the nature and function of tort law, the rules and principles that govern it and the remedies available. 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. D published a defamatory statement that he received information from a businesswoman that P (a local councillor) had sought and obtained bribes from her. 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. Defamation is the act of publishing an untrue statement which negatively affects someone’s reputation. Slander to women 268 2. The statements implied that B was a ‘diploma mill’. B, an educational institution, sued C, a newspaper for publishing an article which contained statements which were defamatory of B. 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. 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 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. The applicable legislation for defamation in Malaysia is the Defamation Act 1957 (“Defamation Act”). 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. "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. Thus, statements in newspapers, books, letters, notices, articles are libels. Interpretation 2. 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. The Defamation Act does not define the word “defamation”. For both libel and slander, a defamatory statement is required. Why do I need a will? B will not be successful in raising the defence of justification if B can only prove that there was such a rumour. Among the defences relied on by C was the defence of fair comment. There are two types of defamation that is. To succeed in an action for defamation, the Plaintiff has to prove that the alleged defamatory statement refers to the Plaintiff. 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]. 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. You agree & accept our Terms & Conditions to signup. 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. It's heard by a civil – not criminal – court and it can result in the defendant being ordered to pay punitive or monetary damages. At common law there are two types of defamation: 1. This is because it is usually difficult for a civil servant to be able to afford such a lavish home. 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. 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. 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. 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. For the defence of fair comment to succeed, the following elements will have to be satisfied by the defendant:[6]. Case Example 2: Whether the defamatory words can be regarded as being capable of referring to the plaintiff; and. written words in articles, newspapers, … 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. 2. Instead, the definition of “defamation” is to be found in Malaysian case law and the English common law. The common law recognized two forms of defamation that is libel and slander. A toxic boss can create a bad atmosphere in the workplace. Kenny recently purchased a luxurious bungalow worth RM10 million. In an action for libel, the following elements need to be satisfied: – 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. B, a court reporter, published a newspaper article reporting proceedings of a trial. Libel; Slander; Libel. In Malaysia the dangers are different, but just as real. Slander (any false oral statement or representation that amounts to … In Malaysia, libel and slander are both torts and crimes (Talib, 2010). The facts and circumstances of each and every case will differ and therefore will require specific legal advice. 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). The High Court held that this was insufficient to prove that the article referred to B and C. P and D are neighbours. provisions specifically on liability of internet service provider in Malaysia. Feel free to contact us for complimentary legal consultation. Uploaded by. Further, the article only mentioned that the private hospital was in Kedah without specifying the name of the hospital. Whether the defamatory words can be regarded as being capable of referring to the plaintiff; and. 1.2 Problem Statement. 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. 1. Instead, D should have reported the alleged wrongdoing to the MACC or the police. What happens if I die without a will? ”) 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). Additionally, for slander to be actionable, generally a person is required to prove that he/she suffered actual damage or special damage. Libel – defamation in permanent form e.g. 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. 4. – 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. 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. Libel – defamation in permanent form e.g. – Statements given to police under Section 112 of the Criminal Procedure Code. In this article, we’ll be looking at civil defamation as this is more relevant to the topic. Defamatory words published by repeating a rumour cannot be justified by proving that there was such a rumour. In West Malaysia, the following elements will have to deal with a boss... 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