Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Public interest defence

  • 29 Feb 2024

    MOHD HAFFIZ BIN MOHD RASDIN DATUK HUSAM BIN MUSA

    Citation
    DA-23CY-1-06/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    DA-23CY-1-06/2022 (Mahkamah Tinggi)

    The court refused the interim injunction because the plaintiff failed to show a bona fide serious issue to be tried: the impugned statements were not unarguably defamatory, there were credible grounds that the statements might be true based on official searches, and the defendant advanced plausible defences of justification and fair comment; damages were an adequate remedy and there was no evidence of repetition, therefore injunctive relief was inappropriate.

  • 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.