Malaysia Case Law: Decisions & Judgments

Topic

Defamatory meaning

Legal area

Court

29 Sept 2025

1. ) HO THAM MOI 2. ) LEE HONG KEOW TAY YU YAA

Citation

BA-12BCY-1-01/2025 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12BCY-1-01/2025 (Mahkamah Tinggi)

Identification was not proved objectively and the words, read individually and cumulatively in context, were rhetorical expressions of domestic grievance rather than statements of verifiable fact that would lower the Plaintiffs in the estimation of right‑thinking members of society; therefore the Sessions Court rightly dismissed the defamation claim and the High Court must not interfere.
27 Jun 2023

ONG JENN CHNAN METROPOLITAN TV SDN BHD

Citation

WA-23NCvC-48-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-23NCvC-48-08/2019 (Mahkamah Tinggi)

On objective construction the broadcast did not sufficiently identify the plaintiff and was not shown to be capable of conveying the imputations alleged; alternatively, the defendant established justification and qualified privilege, therefore the plaintiff's claim fails.
29 Aug 2022

1. ) MUHAMMAD SYUHAIMI BIN HAJI ABDUL JOFLI 2. ) NUR MUNIRAH BINTI MAHMOOD Hamirah Izzatie Binti Sabarin

Citation

WA-23CY-39-07/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-23CY-39-07/2019 (Mahkamah Tinggi)

Read in context with prior tweets and contemporaneous replies, the impugned tweets referred to the plaintiffs and the use of the word 'gila' conveyed the literal meaning of insane/crazy to a reasonable reader; the defendant failed to prove any factual basis or satisfy the elements of fair comment, therefore the publications were defamatory and liability was entered for the plaintiffs.
11 Jan 2022

Tan Boon Ping Ng Boo Aba @ Ng Hooi Hong

Citation

KA-23NCvC-3-04/2018 (Mahkamah Tinggi)
Court

High Court
Case number

KA-23NCvC-3-04/2018 (Mahkamah Tinggi)

The Plaintiff failed to prove on the balance of probabilities that the words used were defamatory in their natural meaning, failed to show publication to any third party and failed to prove special or actual damage; accordingly the defamation claim could not succeed and was struck out with costs.
20 Oct 2020

1. NIK ROZMAN BIN NIK ISMAIL 2. MD ZAHID BIN ARIFIN M FAROK AFERO BIN ISMAIL

Citation

DA-12B-5-03/2019 (Mahkamah Tinggi)
Court

High Court
Case number

DA-12B-5-03/2019 (Mahkamah Tinggi)

Appellate court found on balance that appellants orally communicated statements to SP4 imputing sexual misconduct to the respondent which were defamatory per se, that those oral publications satisfied identification and publication elements and attract liability, while the Facebook postings were not sufficiently linked to the respondent and therefore did not prove defamation; the RM50,000 general damages award by the sessions court was upheld and the appeal on quantum dismissed, while the costs award was reduced to RM5,000 subject to taxation.
17 Jul 2020

CITY TEAM MEDIA SDN BHD SARAVANAN A/L MURUGAN

Citation

wa-23CY-47-11/2017 (Mahkamah Tinggi)
Court

High Court
Case number

wa-23CY-47-11/2017 (Mahkamah Tinggi)

On the evidence the plaintiff proved publication and defamatory meaning for the first and third statements but the defendant successfully established the defence of justification in relation to the matters complained of (plaintiff's own articles contained untrue assertions admitted in evidence), the defendant's fair comment defence failed for non‑compliance with Order 78 r.3, the second alleged statement did not refer to the plaintiff and the defendant's counterclaim was dismissed for failure to plead the original Tamil words and to provide a proper certified translation; consequently both th…

Malaysia Case Law

1. ) HO THAM MOI 2. ) LEE HONG KEOW TAY YU YAA

ONG JENN CHNAN METROPOLITAN TV SDN BHD

1. ) MUHAMMAD SYUHAIMI BIN HAJI ABDUL JOFLI 2. ) NUR MUNIRAH BINTI MAHMOOD Hamirah Izzatie Binti Sabarin

Tan Boon Ping Ng Boo Aba @ Ng Hooi Hong

1. NIK ROZMAN BIN NIK ISMAIL 2. MD ZAHID BIN ARIFIN M FAROK AFERO BIN ISMAIL

CITY TEAM MEDIA SDN BHD SARAVANAN A/L MURUGAN