Example Of Defamation Case In Malaysia

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.

Example of defamation case in malaysia. 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 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. 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. 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.

Criminal defamation is covered by chapter xxi sections 499 to 502 of the penal code. 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. 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. Azman ordered lee to pay wong rm350 000 in general damages and rm50.

The defamation act does not define the word defamation. Woman a could have committed slander. For example woman a calls woman b a prostitute in front of everyone imputing adultery or unchastity against woman b. Instead the definition of defamation is to be found in malaysian case law and the english common law.

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. Judge azman abu hassan said the court found wong had proven her case and that the remarks made by lee were indeed defamatory.