23 Jan 2024
SEEMA ELIZABETH ISOY TAN SRI DAVID CHIU TAT-CHEONG
- Citation
- 02(f)-54-09/2023(W) (Mahkamah Persekutuan)
- Court
- f
- Case number
- 02(f)-54-09/2023(W) (Mahkamah Persekutuan)
The impugned WhatsApp message, though containing factually true allegations of past charges, deliberately omitted the material fact of the respondent's acquittal known to the publisher, transforming the publication into a half-truth that created a false defamatory impression; English common law on half-truths is applicable under Civil Law Act s3(1) because the Defamation Act 1957 is not comprehensive on the issue; malice was established by deliberate omission, defeating qualified privilege and fair comment, and justification failed because the statement was not substantially true. The Court o…