Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Justification/defence

  • 11 Jan 2026

    BEN SIDI MANAGEMENT SDN BHD FARIS IRWAN BIN SHAFPII

    Citation
    TA-B53CY-1-04/2023 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    TA-B53CY-1-04/2023 (Mahkamah Sesyen)

    Court found postings were defamatory in natural and ordinary meaning, referred to plaintiff despite absence of name because context identified the contractor, and were published to third parties on Facebook; defendant failed to establish justification and fair comment because of malice and inability to prove truth (CCC issued later did not validate defendant’s assertions regarding the state of workmanship at publication); accordingly plaintiff entitled to remedies: unconditional public apology (video with specified content), permanent injunction restraining repetition, general damages RM20,00…

  • 25 Jun 2023

    1. ) WAN NUR SITI AISYAH BINTI WAN HASAN 2. ) SHALICIOUS EMPIRE SDN. BHD. ANES AYUNIE BINTI OSMAN

    Citation
    DA-23CY-2-04/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    DA-23CY-2-04/2021 (Mahkamah Tinggi)

    On the balance of probabilities the court found defendant published multiple defamatory statements that referred to the plaintiffs and were false; defendant failed to prove justification or any credible defence; the same conduct amounted to unlawful interference with the plaintiffs' business by unlawful means causing loss; court therefore granted injunctions, ordered removal of material, awarded RM100,000 general damages for defamation, RM100,000 general damages for unlawful interference, interest at 5% per annum from judgment and costs RM30,000 subject to taxation.

  • 9 Sept 2020

    LIM JENN SHIAH 1. ) THEAN KON FAH 2. ) GOH CHENG LEONG

    Citation
    B-02(NCVC)(W)-1710-09/2019 & b-02(NCVC)(W)-1724-09/2019 (Mahkamah Rayuan)
    Court
    NCVC
    Case number
    B-02(NCVC)(W)-1710-09/2019 & b-02(NCVC)(W)-1724-09/2019 (Mahkamah Rayuan)

    Claims grounded solely on newspaper reports were unsustainable where plaintiffs failed to plead the speaker’s exact words or produce full certified translations so that statements could be read in context; Facebook posts that addressed public accountability of school funds constituted matters of public interest permitting defences of justification/public interest; awards of exemplary damages were unjustified on the facts and High Court findings in appeals 1710 and 1724 were set aside while appeal 210 was dismissed.