Generally, defamation occurs when a statement or publication injures the reputation of another. Malaysian law contemplates both civil defamation and criminal defamation. Civil defamation is provided under the Defamation Act 1957. Under this Act, defamation is established if a plaintiff is able to show that publication of the defamatory statement was done, and the defamatory statement made, with malicious intent and/or the words in the defamatory statement in their natural and ordinary meaning reflect the defamatory intention. Further, the plaintiff must show that the statement is not a fair comment or justifiable.
Criminal defamation is provided for under Section 499 of the Penal Code, under which defamation is established once it is shown that the words either spoken or intended to be read or by signs, or by visible representations, make or publish any imputation concerning any person, intending to harm, or knowing or having reason to believe that such imputation will harm the reputation of such person. The penalty for offenders found liable for criminal defamation is a fine, imprisonment of up to two years, or both.
Another rising area of concern is an employer’s vicarious liability for an employee’s defamatory statements on the Internet. Generally, defamation occurs when a statement or publication injures the reputation of another. Malaysian law contemplates both civil defamation and criminal defamation. Civil defamation is provided under the Defamation Act 1957. Under this Act, defamation is established if a plaintiff is able to show that publication of the defamatory statement was done, and the defamatory statement made, with malicious intent and/or the words in the defamatory statement in their natural and ordinary meaning reflect the defamatory intention. Further, the plaintiff must show that the statement is not a fair comment or justifiable.
The wide-ranging scope of the Internet may, therefore, have an impact on the amount of damages awarded to a successful plaintiff in a defamation action. The Federal Court recently affirmed one of the highest defamation awards in Malaysian history, ordering a freelance journalist and two others to pay tycoon Tan Sri Vincent Tan RM7 million (about US$1.8 million) in damages. In another defamation suit, a Malaysian Transport Minister sued a lawyer for RM200 million (about US$53 million) for defamation. The lawyer had allegedly circulated to the press his client’s letter of demand for RM52 million (about US$13.7 million) to the Minister and two others. One of the Minister’s allegations was that the lawyer posted the notice containing defamatory words on Malay-siakini.com, an Internet newspaper.
01/30/07 01/31/07 02/05/07 02/21/07 06/03/08
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