Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Justification/truth defence

Legal area

Court

14 Oct 2025

SHARUL RIDZUAN BIN AB.SALAM 1. ) ROKIAH BINTI DENAN 2. ) MUSTAFA BIN DENAN 3. ) IBRAHIM BIN DENAN

Citation

BH-B53F-2-10/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BH-B53F-2-10/2023 (Mahkamah Sesyen)

Plaintiff failed to discharge the threshold burden to prove the existence and publication of the alleged defamatory utterances by Defendants 2 and 3 because of absence of direct witnesses and contradicting testimony leading to adverse inference; for Defendant 1 the phrase was proved but was factually true and, in context of burial and as understood by a reasonable person, was not defamatory; therefore the defamation claim failed and must be dismissed.
23 Apr 2025

1. ) PERBADANAN PENGURUSAN VISTA KIARA 2. ) KARNIK NIRAJ SHRIKANT 3. ) MAK SUI HOON 4. ) ADRIAN FITZGERALD GOVES 5. ) CHIA E MAN 6. ) ANUJ KAPOOR 7. ) VIJAY KANTIBHAI Tan Ye Wai

Citation

WA-12BNCvC-4-01/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCvC-4-01/2025 (Mahkamah Tinggi)

The High Court held the email was published to third parties and was defamatory; the defendants failed to discharge the burden to prove justification, fair comment or privilege and acted in bad faith; therefore the defendants are liable for libel, the Sessions Judge's award of RM50,000 general and RM7,000 exemplary damages stands, and the appeal is dismissed with costs RM5,000.