Defamation Cases In Malaysia 2017

Specific examples of such cases are as follows.

Defamation cases in malaysia 2017. The merits of a defamation case are highly fact centric with each case involving its own unique set of facts and circumstances. Criminal defamation is covered by chapter xxi sections 499 to 502 of the penal code. The apology was tendered by the former aap leader for levelling graft allegations against jain shortly after he was expelled by the ruling party in delhi in 2017. 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.

Boon siang and others v jasmin nisban 2017 sghc 249. Case law elaw s digital library houses more than 80 000 judgments from the industrial court high court court of appeal and federal supreme court of malaysia dating all the way back from the 1900s. Picture by mukhriz hazim. This is not constrained to cases involving politicians but also the general public at large.

Elaw my is malaysia s largest database of court judgments and legislation streamlined in a powerful yet user friendly engine for busy legal professionals like yourself. The defamation act does not define the word defamation. 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. Instead the definition of defamation is to be found in malaysian case law and the english common law.

Datuk seri jamal yunos is pictured at the kuala lumpur high court july 23 2018. 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. In the case of raub australian gold mining sdn bhd v mkini dotcom sdn bhd ors 2018 mlju 34 the court of appeal awarded rm150 000 as general damages for the defamatory statements. Putrajaya oct 22 the court of appeal has fixed april 22 next year to hear datuk seri jamal md yunos appeal against the high court s dismissal of his application to strike a defamation lawsuit filed against him by former energy science technology environment and climate.

As such cases involving defamatory statements made on social media platforms are on the rise. 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. Jain had filed a criminal defamation case against mishra in may of that year after the bjp leader accused him of giving a bribe to chief minister arvind kejriwal on may 5. The high court in.

The case considers the assessment of compensation in irish defamation cases and the interaction of this process with article 10 of the convention. In defamation cases the court has to balance a person s right to free speech and a person s right to not be defamed. In recent years approximately 2014 to 2018 awards of damages for defamation cases are seen to range from around rm100 000 to rm400 000.