RESTORAN NASI KANDAR IRFANAH SDN BHD THE NEW STRAITS TIMES PRESS (MALAYSIA) BERHAD

RESTORAN NASI KANDAR IRFANAH SDN BHD THE NEW STRAITS TIMES PRESS (MALAYSIA) BERHAD

When the impugned publications are read in their entirety, including linked full articles, captions and contextual indicators, they were not capable of referring to Theyagarajan or RNKI; the High Court erred by focusing on the photograph in isolation and by failing to consider the pleaded defences (justification, fair comment, qualified privilege); accordingly the libel claims were unsustainable and the appeal by NSTP on liability succeeds while RNKI’s appeal on quantum fails.

Citation
P-02(NCvC)(W)-2163-11/2019 & P-02(NCvC)(W)-2164-11/2019 (Mahkamah Rayuan)
Parties
Appellant (p 02(ncv C)(w) 2163 11/2019); Respondent (p 02(ncvc)(w) 2164 11/2019): Restoran Nasi Kandar Irfanah Sdn Bhd; Appellant (p 02(ncvc)(w) 2164 11/2019); Respondent (p 02(ncv C)(w) 2163 11/2019): The New Straits Times Press (Malaysia) Berhad; Respondent (p 02(ncvc)(w) 2164 11/2019); Plaintiff (high Court): Theyagarajan a/l Muniandy
Court
NCvC
Jurisdiction
Malaysia
Judgment Date
16 April 2021
Case Number
P-02(NCvC)(W)-2163-11/2019 & P-02(NCvC)(W)-2164-11/2019 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (defamation) / Court of Appeal Judgment on Appeals From High Court
Outcome
Appeal by NSTP allowed on liability; High Court judgment dated 21.10.2019 set aside as to liability; libel claims against NSTP dismissed; RNKI appeal on quantum dismissed.
Legal Topics
Libel, Justification, Fair Comment, Qualified Privilege, Pleading Requirements, Damages Assessment, Social Media Publication
Source Language
Malay/English
Defamation Media Law Civil Procedure Libel Justification Fair Comment Qualified Privilege Pleading Requirements +2 more

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Parties

Restoran Nasi Kandar Irfanah Sdn Bhd

Appellant (p 02(ncv C)(w) 2163 11/2019); Respondent (p 02(ncvc)(w) 2164 11/2019)

The New Straits Times Press (Malaysia) Berhad

Appellant (p 02(ncvc)(w) 2164 11/2019); Respondent (p 02(ncv C)(w) 2163 11/2019)

Theyagarajan a/l Muniandy

Respondent (p 02(ncvc)(w) 2164 11/2019); Plaintiff (high Court)

Procedural Posture

Civil Appeal (defamation) / Court of Appeal Judgment on Appeals From High Court

Legal Issues

  1. 1 Whether the statements/publications were defamatory
  2. 2 Whether the publications referred to the plaintiffs (identification)
  3. 3 Whether pleadings sufficiently particularised the defamatory meanings

Ratio Decidendi

When the impugned publications are read in their entirety, including linked full articles, captions and contextual indicators, they were not capable of referring to Theyagarajan or RNKI; the High Court erred by focusing on the photograph in isolation and by failing to consider the pleaded defences (justification, fair comment, qualified privilege); accordingly the libel claims were unsustainable and the appeal by NSTP on liability succeeds while RNKI’s appeal on quantum fails.

Court Disposition

Appeal by NSTP allowed on liability; High Court judgment dated 21.10.2019 set aside as to liability; libel claims against NSTP dismissed; RNKI appeal on quantum dismissed.

Orders

  • Allow Appeal No. P-02(NCVC)(W)-2164-11/2019 by NSTP and set aside High Court order dated 21.10.2019 insofar as it found NSTP liable for defamation
  • Dismiss Appeal No. P-02(NCvC)(W)-2163-11/2019 by RNKI on quantum