SITI AMALINA AZIMAH BINTI AZHAR MOHD RAHMAT BIN ABDUL HAMID

SITI AMALINA AZIMAH BINTI AZHAR MOHD RAHMAT BIN ABDUL HAMID

When the impugned Facebook posts and videos are read as a whole in their context they convey serious defamatory imputations against the respondent; the appellant failed to prove truth or that the statements were fair comment and malice could be inferred from the manner and audience of publication; therefore the trial court's findings of liability, RM50,000 general damages, permanent injunction, deletion orders and order to publish an apology were legally justified and not plainly wrong on appeal.

Citation
BA-12B-17-03/2025 (Mahkamah Tinggi)
Parties
Appellant/defendant: Siti Amalina Azimah binti Azhar; Respondent/plaintiff: Mohd Rahmat bin Abdul Hamid
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 February 2026
Case Number
BA-12B-17-03/2025 (Mahkamah Tinggi)
Procedural Posture
Defamation (libel) Appeal / Appeal After Full Trial
Outcome
Appeal dismissed; decision of the High Court (Mahkamah Sesyen) affirmed
Legal Topics
Libel, Justification/defence of Truth, Fair Comment, Malice, Injunction, Damages, Pleading Particularity, Apology Orders
Source Language
Malay/English
Defamation Media and Social Media Civil Procedure Family Law Libel Justification/defence of Truth Fair Comment Malice +4 more

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Parties

Siti Amalina Azimah binti Azhar

Appellant/defendant

Mohd Rahmat bin Abdul Hamid

Respondent/plaintiff

Procedural Posture

Defamation (libel) Appeal / Appeal After Full Trial

Legal Issues

  1. 1 Whether the Facebook publications were defamatory
  2. 2 Whether the pleadings sufficiently particularised the words complained of
  3. 3 Whether the defences of justification and fair comment succeeded

Ratio Decidendi

When the impugned Facebook posts and videos are read as a whole in their context they convey serious defamatory imputations against the respondent; the appellant failed to prove truth or that the statements were fair comment and malice could be inferred from the manner and audience of publication; therefore the trial court's findings of liability, RM50,000 general damages, permanent injunction, deletion orders and order to publish an apology were legally justified and not plainly wrong on appeal.

Court Disposition

Appeal dismissed; decision of the High Court (Mahkamah Sesyen) affirmed

Orders

  • Maintain High Court award of general damages RM50,000
  • Permanent injunction restraining further publication of the defamatory material