ENGKU AHMAD FADZIL BIN ENGKU ALI 1. ) NOR SHAKILA BINTI MOHAMMAD SAIFUL ISLAM 2. ) Engku Muhammad Fakhruddin Bin Engku Ahmad Fadzil (Di Dalam Tuntutan Balas)

ENGKU AHMAD FADZIL BIN ENGKU ALI 1. ) NOR SHAKILA BINTI MOHAMMAD SAIFUL ISLAM 2. ) Engku Muhammad Fakhruddin Bin Engku Ahmad Fadzil (Di Dalam Tuntutan Balas)

On the balance of probabilities the court found the Facebook posting and related publications, although published and referring to the plaintiff, were not defamatory in their ordinary and natural meaning in context; the defendant established defences (notably justification/true facts and fair comment) and there was no proven malice to defeat those defences. Accordingly the plaintiff's defamation claim was dismissed with costs. On the counterclaim the court found the counterclaimant suffered real psychiatric harm and awarded aggravated damages of RM80,000 jointly against the two counter-defendants; other counterclaim claims and higher quantum were not established.

Citation
BA-23NCvC-9-02/2023 (Mahkamah Tinggi)
Parties
Plaintiff (main); Defendant (counterclaim): Engku Ahmad Fadzil bin Engku Ali; Defendant (main); Plaintiff (counterclaim): Nor Shakila binti Mohamad Saiful Islam; Defendant (counterclaim): Engku Muhammad Fakhruddin bin Engku Ahmad Fadzil
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 September 2024
Case Number
BA-23NCvC-9-02/2023 (Mahkamah Tinggi)
Procedural Posture
Defamation and Related Tort Counterclaims (misrepresentation, Nervous Shock, Conspiracy) / Judgment (trial Concluded)
Outcome
Main claim dismissed; costs awarded to defendant. Counterclaim partially allowed awarding aggravated damages against counter-defendants.
Legal Topics
Libel, Justification (truth), Qualified Privilege, Fair Comment, Aggravated Damages, Injunction
Source Language
Malay/English
Defamation Tort Family Law Medical/psychiatric Injury Libel Justification (truth) Qualified Privilege Fair Comment +2 more

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Parties

Engku Ahmad Fadzil bin Engku Ali

Plaintiff (main); Defendant (counterclaim)

Nor Shakila binti Mohamad Saiful Islam

Defendant (main); Plaintiff (counterclaim)

Engku Muhammad Fakhruddin bin Engku Ahmad Fadzil

Defendant (counterclaim)

Procedural Posture

Defamation and Related Tort Counterclaims (misrepresentation, Nervous Shock, Conspiracy) / Judgment (trial Concluded)

Legal Issues

  1. 1 Whether Facebook posts and YouTube videos were defamatory of the plaintiff
  2. 2 Whether the impugned statements referred to the plaintiff and were published to third parties
  3. 3 Whether the defendant acted with malice such as to defeat privilege/fair comment

Ratio Decidendi

On the balance of probabilities the court found the Facebook posting and related publications, although published and referring to the plaintiff, were not defamatory in their ordinary and natural meaning in context; the defendant established defences (notably justification/true facts and fair comment) and there was no proven malice to defeat those defences. Accordingly the plaintiff's defamation claim was dismissed with costs. On the counterclaim the court found the counterclaimant suffered real psychiatric harm and awarded aggravated damages of RM80,000 jointly against the two counter-defendants; other counterclaim claims and higher quantum were not established.

Court Disposition

Main claim dismissed; costs awarded to defendant. Counterclaim partially allowed awarding aggravated damages against counter-defendants.

Orders

  • Main defamation claim of Engku Ahmad Fadzil dismissed.
  • Costs of RM25,000.00 awarded to the defendant (subject to taxation).