ASC AGENDA SURIA COMMUNICATIONS SDN BHD JAGGARAO A/L SIMANCIA PRISHALINI PILLAI A/P GOPI ABIRASHINI PILLAI A/P GOPI

ASC AGENDA SURIA COMMUNICATIONS SDN BHD JAGGARAO A/L SIMANCIA PRISHALINI PILLAI A/P GOPI ABIRASHINI PILLAI A/P GOPI

The Court affirmed the Sessions Court: the impugned Facebook publications were capable of defamatory meaning, referred to the plaintiffs and were published to third parties, but the defendants discharged the burden on the second stage by proving the truth of the material statements and/or that the remarks amounted to fair comment; therefore the defence of justification and fair comment succeeded and the appeal was dismissed.

Citation
WA-12BCY-4-06/2018 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: ASC Agenda Suria Communications Sdn Bhd; Appellant/plaintiff: Jaggarao a/l Simancia; Respondent/defendant: Prishalini Pillai a/p Gopi; Respondent/defendant: Abirashini Pillai a/p Gopi
Court
High Court
Jurisdiction
Malaysia
Judgment Date
16 January 2020
Case Number
WA-12BCY-4-06/2018 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / High Court Judgment on Appeal From Sessions Court
Outcome
Appeal dismissed; decision of Sessions Court affirmed.
Legal Topics
Justification, Fair Comment, Burden of Proof, Publication, Costs
Source Language
Malay/English
Defamation Civil Procedure Media Law Justification Fair Comment Burden of Proof Publication Costs

Case Brief

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Parties

ASC Agenda Suria Communications Sdn Bhd

Appellant/plaintiff

Jaggarao a/l Simancia

Appellant/plaintiff

Prishalini Pillai a/p Gopi

Respondent/defendant

Abirashini Pillai a/p Gopi

Respondent/defendant

Procedural Posture

Civil Appeal / High Court Judgment on Appeal From Sessions Court

Legal Issues

  1. 1 Whether the Facebook publications were defamatory
  2. 2 Whether the publications referred to the plaintiffs and were published to third parties
  3. 3 Whether defendants established the defence of justification on balance of probabilities

Ratio Decidendi

The Court affirmed the Sessions Court: the impugned Facebook publications were capable of defamatory meaning, referred to the plaintiffs and were published to third parties, but the defendants discharged the burden on the second stage by proving the truth of the material statements and/or that the remarks amounted to fair comment; therefore the defence of justification and fair comment succeeded and the appeal was dismissed.

Court Disposition

Appeal dismissed; decision of Sessions Court affirmed.

Orders

  • Appeal dismissed with costs RM2000.00 to the first defendant and RM2000.00 to the second defendant with 4% allocator
  • Decision of the Sessions Court affirmed