XXXX 1. ) XXXX 2. ) KINITV SDN BHD

XXXX 1. ) XXXX 2. ) KINITV SDN BHD

The court found the plaintiff's initial sexist parliamentary remark provoked the challenged statements; the defendants’ comments were either justified or constituted fair comment on a matter of public interest and the media publications were bona fide, neutral and protected by qualified privilege in the absence of...

Source-derived case information.

Citation
WA-23CY-8-02/2017 (Mahkamah Tinggi)
Parties
Plaintiff: Dato Seri Tajuddin Abdul Rahman; Defendant 1: Khalid bin Abd Samad; Defendant 2: The New Strait Times Press (M) Sdn Bhd; Defendant 3: Kinitv Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 February 2022
Case Number
WA-23CY-8-02/2017 (Mahkamah Tinggi)
Procedural Posture
Defamation / Judgment (high Court)
Outcome
Plaintiff's claim dismissed; no costs awarded to any defendant
Legal Topics
Justification, Fair Comment, Qualified Privilege, Reynolds Privilege, Costs Discretion
Defamation Media Law Parliamentary Privilege Administrative Law Justification Fair Comment Qualified Privilege Reynolds Privilege +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Dato Seri Tajuddin Abdul Rahman

Plaintiff

Khalid bin Abd Samad

Defendant 1

The New Strait Times Press (M) Sdn Bhd

Defendant 2

Kinitv Sdn Bhd

Defendant 3

Procedural Posture

Defamation / Judgment (high Court)

  1. 1 Whether the statements complained of were defamatory
  2. 2 Whether the defence of justification succeeds
  3. 3 Whether fair comment/public interest and qualified privilege protect the defendants and publishers

Ratio Decidendi

The court found the plaintiff's initial sexist parliamentary remark provoked the challenged statements; the defendants’ comments were either justified or constituted fair comment on a matter of public interest and the media publications were bona fide, neutral and protected by qualified privilege in the absence of malice; accordingly the plaintiff's defamation claim failed and, exercising discretion under the court rules in light of public interest, no costs were awarded.

Court Disposition

Plaintiff's claim dismissed; no costs awarded to any defendant

Orders

  • Plaintiff's claim is dismissed
  • No costs shall be awarded to the defendants (order exercised under Order 59 k.2 Kaedah-Kaedah Mahkamah 2012)