CHAPTER 3

DEFAMATION
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 BFF FOREVER

SAAD SOOD

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SITUATION

▸ A young budding politician named Saad won an election

and get to be a minister of youth. After his appointment as
minister of youth, he was well liked and respected by youth
as he is the youngest minister in Malaysia.

▸ He was invited to officiate events, businesses etc.

▸ Saad has a friend named Sood. They were friends since

university. However their friendships stopped after Saad
won and appointed as minister of youth. Sood did not want
to befriend Saad anymore.

▸ Instead he wrote a letter about Saad to The Moon

newspaper, which was later printed on the front page of
the newspaper. It says, “the newly appointed minister of
youth is a WOMANIZER!”.

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 MoonTh e

▸ The contents of the newspaper, among other

things, included the life story of Saad. He was MINIS
TER O
alleged as unchaste (tiada teruna) man and F YOU
WOMA TH
further condemned that he had won the seat NIZER
using dirty tricks. UNCHA
S
?
TE M A
alkdfjen
foaisdfa
N!
▸ After the news came out, Saad career dsijfelin lkf;aoie
faeifjslk h l ka h f o
kfneow dfeoihr
ifnslkfn woiefjs
elfnskle l
plunged. He was sacked from the job and klfnsdk
alfauigh
lfenlifns
k l d
f
fnsleifn
n sliefnd
j ke b v k s ke f n
youths that became his fans, booed him after dfnelkfn
sdfoiaw
a i ehoejbr
ebfalga
kjfnsoi
lnrka i h b ieuwba
caieukj
they read the newspaper. Saad is deeply ahdfiue
wbfaldk
f baligkjh
bdlifkj
hflaifhe j fbaijgd
b f a l kas
depressed and his parents are seeking legal b f k ajsd
bwkfbli
bflaisug
s dugbas
bflaiud
j
gbljf9b h a ks f b q
remedies on the contention that all the news jabdalfh
fajkbfsj
vakjfao
ouq0or
iue
kj
in The Moon newspaper was libel. More s
tories o
n pa ge 2

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WHAT IS DEFAMATION?

▸ Defamation is a communication, which exposes a person to

HATRED, RIDICULE, or CONTEMPT, LOWERS him in the
esteem of his fellow citizens, causes him to be shunned, or in
injuries him in his business or calling.

▸ In Sim v Strectch (1936), the judge defines defamation as

“defamatory statement, which injures a person’s reputation by
exposing him to hatred, contempt or ridicule.

▸ Defamation is the publication of a statement, which reflects

on a person’s reputation & tends to lower a person in the
estimation of right thinking members of society generally, or
makes them shun or avoid that person.”

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DEFAMATION IN MALAYSIA

▸ In Malaysia, Law on Defamation is governed by

Defamation Act 1957

▸ In the preamble, it is only stated as an Act of

Parliament relating to the law of libel & slander
and other malicious falsehood.

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2 FORMS OF DEFAMATION

LIBEL & SLANDER

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(1) LIBEL

▸ A libel is a tort (civil wrong) as well as crime in

certain circumstances.

▸ It is actionable per se, which means by itself

without any need to prove damages or
financial loss.

▸ It is also defamatory imputation (tohmahan) in

a permanent form and they are targeted to the
eyes.

Ex: items in writing includes email, pictures &

statutes as well as films & TV programmes.

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▸ Section 3 of the Act provides that the broadcasting of words by means of
radio communication shall be treated as publication in a permanent form &
therefore constitutes a libel.

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(2) SLANDER

▸ Defamation in a temporary/transient
(sementara) form through spoken words /
gestures.

▸ A slander is not actionable per se

▸ The plaintiff needs to proveactual/special

damage in order to succeed in his action.

▸ Actual damage refers to actual financial loss or

any loss that may be measured in monetary
terms.

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CONT..

▸ EXCEPTIONS to the requirement of actual damages;

A. Slander to women

B. Slander in relation to a person’s professional/business reputation

C. Slander in relation to title, slander of goods & malicious falsehood

D. Imputation (tohmahan) of a contagiousdisease

E. Imputation of a crime

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EXCEPTIONS - A. SLANDER TO WOMEN

▸ Section 4:Publication of words that imputes (menuduh) unchastity /adultery

to any women or girl imputes no proof of special damage for the action to
succeed.

Ex:

In Lui Kai Lam (1978) 1 MLJ 214, the respondent called the appellant (perayu) a
prostitute & said that the appellant charged RM50 to entertain men one time in
front of 3rd party;

Slander was established.

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EXCEPTIONS - B. SLANDER IN RELATION TO A PERSON’S PROFESSIONAL
/ BUSINESS REPUTATION
▸ Section 5: “in an action for slander in respect of words calculated to disparage
(mengecil-ngecilkan @ merendahkan) the plaintiff in any office, profession,
calling, trade/business held/carried on by him at the time of publication, it shall
not be necessary for the plaintiff to prove special damage”

▸ In Worker’s Party (1975) 1 MLJ 47 at 49; defamatory statement must reflect

upon a person in the way of his office, profession, calling, trade or business.

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EXCEPTIONS - C. SLANDER IN RELATION TO TITLE, SLANDER OF GOODS
& MALICIOUS FALSEHOOD
▸ Section 6: either;

I.The words upon which the action is founded are calculated to cause pecuniary (kerugian kewangan)
damage to the plaintiff and are published in writing or other permanent form or;

II.The said words calculated to cause pecuniary damage to the plaintiff in respect of any office,
profession, calling trade or business held or carried on by him at the time of publication.

Ex: in Ratus Mesra (1999) 2 MLJ 529, the court held that a claim for malicious falsehood, the plaintiff must
prove:

A. Defendant has published about the plaintiff, words which was false.

B. They were published maliciously (dengan niat jahat)

C. Special damage has followed as the direct & natural result of the publication.

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EXCEPTIONS - D. IMPUTATION OF A CONTAGIOUS DISEASE

▸ A defamatory statement which carries the imputation (tuduhan) of a

contagious/ infectious disease is actionable per se.

▸ The words must infer that the plaintiff suffers from such a disease at the time
of publication is made.

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EXCEPTIONS - E. IMPUTATION OF A CRIME

▸ The words indicate that the plaintiff is involved in a crime

▸ The crime must be one which attracts corporal punishments, which includes
the death penalty, whipping, and imprisonment. If the words indicate crime
that is punishable by fine: it is not sufficient.

Ex: in C. Sivanathan (1984) 1 MLJ 62, the defendant called the plaintiff a cheat,
dishonest & aliar;

NOT SUFFICIENT /FAILED

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ELEMENTS OF
DEFAMATION
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▸ Plaintiff must establish these 3
elements of tort;

A. The WORDS ARE DEFAMATORY

B. The words REFERTO THE PLAINTIFF

C. That the words HAVEBEEN

PUBLISHED

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CASE STUDY

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ELEMENTS OF DEFAMATION: (A) THE WORDS ARE DEFAMATORY

▸ In its natural & ordinary meaning

Case 1: Hasnul v Bulat (1978) 1 MLJ 75

‣ Labelling a Muslim “ABU JAHAL” is defamatory as it implies that person as a

big liar, untrustworthy & irresponsible.

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Case 2: Azwan Ali against Sistem TV Malaysia Berhad
(STMB), Fauziah Ahmad Daud and two others and
claimed damages amounting RM 2 million for
defaming him in a show (Melodi) aired on TV3 on May
10 1998.

‣ He claimed the word “melalak-lalak” was too

much and it gave the impression that he not only
cried but was probably hysterical when he heard
of Ziana Zain marriage.

▸ He said he suffered a great deal as Melodi had more

than three million viewers.

▸ 3rd July 2000, the High Court judge decided that the
statement by Ogy was not defamatory.

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DEFAMATION CASES
IN MALAYSIA

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DEWI DERMAWAN BINTI HJ ELMI
DEWI DERMAWAN BINTI HJ ELMI
DOES IT FULFIL THE THREE ELEMENTS OF DEFAMATION?

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