DING MING MING 1. ) LIM SU JIN 2. ) LIM SU LING

DING MING MING 1. ) LIM SU JIN 2. ) LIM SU LING

The court held that the impugned Facebook posts and WhatsApp messages were defamatory and published to third parties, that identification of the Plaintiff within the relevant circle was established, and that the Defendants failed to prove justification, fair comment or qualified privilege; the Defendants' own pleading admitting deliberate publication to damage the Plaintiff established malice and negated their defences, warranting a global award of RM350,000 plus injunctive and remedial orders.

Citation
JA-23NCvC-4-04/2021 (Mahkamah Tinggi)
Parties
Plaintiff: Ding Ming Ming; First Defendant: Lim Su Jin; Second Defendant: Lim Su Ling
Court
High Court
Jurisdiction
Malaysia
Judgment Date
14 October 2025
Case Number
JA-23NCvC-4-04/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Defamation / Judgment
Outcome
Plaintiff's claim allowed; Defendants' counterclaim dismissed
Legal Topics
Publication, Identification, Justification (truth), Fair Comment, Qualified Privilege, Malice, Damages, Social Media
Source Language
Malay/English
Defamation Tort Media and Communications Law Civil Procedure Publication Identification Justification (truth) Fair Comment +4 more

Case Brief

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Parties

Ding Ming Ming

Plaintiff

Lim Su Jin

First Defendant

Lim Su Ling

Second Defendant

Procedural Posture

Civil Defamation / Judgment

Legal Issues

  1. 1 Whether the Facebook posts dated 8 and 9 February 2020 were defamatory of the Plaintiff and published by the First Defendant
  2. 2 Whether the WhatsApp messages sent by the Second Defendant to a third party were defamatory of the Plaintiff
  3. 3 Whether the Defendants established defences of justification (truth), fair comment, or qualified privilege

Ratio Decidendi

The court held that the impugned Facebook posts and WhatsApp messages were defamatory and published to third parties, that identification of the Plaintiff within the relevant circle was established, and that the Defendants failed to prove justification, fair comment or qualified privilege; the Defendants' own pleading admitting deliberate publication to damage the Plaintiff established malice and negated their defences, warranting a global award of RM350,000 plus injunctive and remedial orders.

Court Disposition

Plaintiff's claim allowed; Defendants' counterclaim dismissed

Orders

  • Global general, aggravated and exemplary damages RM350,000.00 payable jointly and severally by the Defendants to the Plaintiff
  • Special damages disallowed for want of proof