Defamation Cases In Malaysia 2017
Picture by mukhriz hazim.
Defamation cases in malaysia 2017. 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. 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. 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. The high court in.
Boon siang and others v jasmin nisban 2017 sghc 249. Bernama november 30 2017 5 17 pm. 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. Driver gets leave to appeal in defamation case against actress.
In defamation cases the court has to balance a person s right to free speech and a person s right to not be defamed. This is not constrained to cases involving politicians but also the general public at large. 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. Instead the definition of defamation is to be found in malaysian case law and the english common law.
The defamation act does not define the word defamation. Malaysia myanmar philippines thailand and vietnam. As such cases involving defamatory statements made on social media platforms are on the rise. Monday 20 nov 2017 09 50 pm myt kuala lumpur nov 20 the high court here today dismissed a defamation suit filed by two entertainment journalists against singer shila amzah and her father nd lala over statements they allegedly issued at a press conference three years ago.
For civil cases the relevant legislation is the defamation act 1957. 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. Singapore s issues cannot be compared with malaysia s fiasco. Criminal defamation is covered by chapter xxi sections 499 to 502 of the penal code.
Datuk seri jamal yunos is pictured at the kuala lumpur high court july 23 2018. In malaysia defamation can be both a civil and criminal offence.