Example Of Defamation Case In Malaysia
Under the malaysia s defamation act 1957 if any words spoken or published that impute unchastity or adultery to any woman or girl it shall not require special damage to be proven.
Example of defamation case in malaysia. The wagner case involved allegations that as owners. 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. 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. Here is the reliable draft of the defamation suit for the purpose of the guideline.
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. The case of george galloway v daily telegraph is one of the cases on defamation where the court rejected the argument of the defendants that the defamatory statements was a neutral report of allegation against a public figure which the public had a right to know. Harbour radio 2018 qsc 201 australia. Judge azman abu hassan said the court found wong had proven her case and that the remarks made by lee were indeed defamatory.
Woman a could have committed slander. In malaysia defamation can be both a civil and criminal offence. Format of suit for defamation. For civil cases the relevant legislation is the defamation act 1957.
In the court of senior civil judge. The defamation act does not define the word defamation. Inforrm reported on a large number of defamation cases from around the world in 2018. The more important point to note is that the tort of defamation exists to protect not the person or the pocket but reputation of the person defamed.
Following the widely read post on 2017 cases this is my selection of the most legally and factually interesting cases from australia new zealand canada united states and england from the past year. Only the district court shall have the jurisdiction to try the cases under this ordinance says section 13. Instead the definition of defamation is to be found in malaysian case law and the english common law. Criminal defamation is covered by chapter xxi sections 499 to 502 of the penal code.
You can use that sample format of suit for defamation after making necessary changes. In the case of box 55 sociedad limitada ors v drive m7 sdn bhd 2018 mlju 1614 the court held that the factors above are not exhaustive.