Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Presumption of publication (s114a)

Legal area

Court

30 Apr 2021

MOHD BADRUL HISHAM BIN AZMI (No. K/P: 970721-11-5455) 1. NIK ZARIS NELYDIA BINTI NIK SEN 2. FARZA NAQURAISHA BINTI MOHD FARIZ

Citation

WA-A53F-3-02/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-A53F-3-02/2020 (Mahkamah Sesyen)

Court found on balance of probabilities that the publications were defamatory and referred to the plaintiff and were published, but the defendants successfully established defences of justification (truth/substantial truth) and fair comment based on plaintiff's admissions, documentary evidence and absence of cogent proof of coercion; computer-generated exhibits admitted under s90A; plaintiff failed to discharge burden on coercion and other matters; claim dismissed with costs RM5,000.
26 Oct 2020

MASYITAH BINTI HASSAN SAKINAH BINTI SULONG

Citation

JA-22NCVC-162-08/2018 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCVC-162-08/2018 (Mahkamah Tinggi)

The Facebook postings were defamatory in their natural and inferred meaning; the defendant failed to prove justification and failed to establish fair comment because she did not verify material facts, relied on hearsay, and malice was inferred; adverse inferences were drawn for failure to call material witnesses and evidence; remedies awarded (general and exemplary damages, costs, apology and restraining order).