Malaysia Case Law: Decisions & Judgments

Topic

Section 114a evidence act 1950

Legal area

Court

27 Aug 2025

Aliff Syukri bin Kamarzaman

Citation

BK-63-12-10/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BK-63-12-10/2022 (Mahkamah Sesyen)

Although the prosecution established a prima facie case and the rebuttable presumption under s.114A pointed to the accused as publisher, the Court was bound by the Court of Appeal decision in Heidy Quah that the impugned words 'offensive' and 'annoy' in s.233 are unconstitutional; accordingly the prosecution could not be maintained and the accused was acquitted and discharged.
19 Feb 2021

Peguam Negara Malaysia MKini Dotcom Sdn. Bhd dan Ketua Editor, Malaysiakini

Citation

08(L)-4-06/2020(W) (Mahkamah Persekutuan)
Court

L
Case number

08(L)-4-06/2020(W) (Mahkamah Persekutuan)

The Federal Court held that an online news portal is not a 'publisher' for scandalising-the-court contempt until it has actual knowledge of the existence and content of unlawful third-party comments; section 114A's presumption was rebutted by respondents' evidence of no knowledge until notified, the comments were removed within a reasonable time, and the prosecution failed to prove beyond reasonable doubt the requisite intention to publish; accordingly the committal application was dismissed.
1 Jan 1900

STANISLAUS A/L J. VINCENT CROSS 1. GANESAN A/L VYRAMUTOO 2. MICHAEL NATHAN A/L SARGUNAM

Citation

BA-12B-99-06/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12B-99-06/2019 (Mahkamah Tinggi)

The court held that when identity of a tortfeasor is proved solely by circumstantial evidence and the defendant denies involvement and section 114A does not apply, the plaintiff must prove identity to the 'irresistible conclusion' standard; the appellant failed to meet that standard on the facts, so the Sessions Court judgment dismissing the claim was correct and the appeal is dismissed with costs.

Malaysia Case Law

Aliff Syukri bin Kamarzaman

Peguam Negara Malaysia MKini Dotcom Sdn. Bhd dan Ketua Editor, Malaysiakini

STANISLAUS A/L J. VINCENT CROSS 1. GANESAN A/L VYRAMUTOO 2. MICHAEL NATHAN A/L SARGUNAM