DATIN PADUKA CHE ASMAH IBRAHIM Kamarul Zaman Bin Haji Yusoff

DATIN PADUKA CHE ASMAH IBRAHIM Kamarul Zaman Bin Haji Yusoff

The impugned words, read objectively in their context with the linked NST article and the prior notice of apology, were not likely to be understood by an ordinary reasonable reader in a defamatory sense; alternatively the pleaded sting that the plaintiff repeatedly made defamatory statements was substantially true and/or constituted fair comment; accordingly the appeal is allowed and the Sessions Court judgment is set aside.

Citation
BA-12BCY-7-10/2024 (Mahkamah Tinggi)
Parties
Appellant/defendant (perayu): Datin Paduka Che Asmah Ibrahim; Respondent/plaintiff (responden): Kamarul Zaman bin Haji Yusoff
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 April 2025
Case Number
BA-12BCY-7-10/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (defamation) / Judgment on Appeal
Outcome
Appeal allowed; Judgment of the Sessions Court set aside
Legal Topics
Meaning of Published Words, Pleading Requirements in Libel, Defence of Justification, Defence of Fair Comment, Costs
Source Language
Malay/English
Defamation Civil Procedure Freedom of Expression Meaning of Published Words Pleading Requirements in Libel Defence of Justification Defence of Fair Comment Costs

Case Brief

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Parties

Datin Paduka Che Asmah Ibrahim

Appellant/defendant (perayu)

Kamarul Zaman bin Haji Yusoff

Respondent/plaintiff (responden)

Procedural Posture

Civil Appeal (defamation) / Judgment on Appeal

Legal Issues

  1. 1 Whether the impugned words were capable of bearing the pleaded defamatory imputations
  2. 2 Whether the defendant established the defence of justification (truth of the sting)
  3. 3 Whether the defence of fair comment on a matter of public interest applied

Ratio Decidendi

The impugned words, read objectively in their context with the linked NST article and the prior notice of apology, were not likely to be understood by an ordinary reasonable reader in a defamatory sense; alternatively the pleaded sting that the plaintiff repeatedly made defamatory statements was substantially true and/or constituted fair comment; accordingly the appeal is allowed and the Sessions Court judgment is set aside.

Court Disposition

Appeal allowed; Judgment of the Sessions Court set aside

Orders

  • Set aside the Sessions Court judgment
  • Order costs of RM30000.00 at the High Court and below to be paid by the Plaintiff (Respondent)