Malaysia Case Law: Decisions & Judgments

Topic

Social media publication

Legal area

Court

27 Aug 2025

Tan Sri Razarudin Bin Husain @ Abd Rasid Wan Muhammad Azri Bin Wan Deris

Citation

WA-23CY-47-12/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-23CY-47-12/2024 (Mahkamah Tinggi)

The defendant failed to comply with the 30 April 2025 court undertaking by posting an unreadable, mockingly presented apology and by not publishing it on the same accounts, and then published a 1 May 2025 video that repudiated and boasted about avoiding punishment; these acts, proven beyond reasonable doubt, undermined the administration of justice and constituted two separate contempts; a custodial sentence is warranted given lack of remorse and the contemnor's use of social media for gain.
21 Aug 2025

NURUL AMIRAH BINTI OMAR CHE KHASMAWANI BINTI CHE MOHD NOOR

Citation

TA-A53F-2-08/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

TA-A53F-2-08/2022 (Mahkamah Sesyen)

The Court found the Plaintiff proved the three essential elements of defamation (defamatory meaning, identification, and publication to third parties). The Defendant elected not to call witnesses after a 'no case to answer' submission; by established authority the Plaintiff's uncontroverted evidence is to be treated as true and the burden shifted to the Defendant to prove truth/justification. The Defendant failed to rebut the presumption of falsity; accordingly the impugned publications were defamatory and the Plaintiff was entitled to damages, interest and costs as assessed by the Court.
16 Apr 2021

RESTORAN NASI KANDAR IRFANAH SDN BHD THE NEW STRAITS TIMES PRESS (MALAYSIA) BERHAD

Citation

P-02(NCvC)(W)-2163-11/2019 & P-02(NCvC)(W)-2164-11/2019 (Mahkamah Rayuan)
Court

NCvC
Case number

P-02(NCvC)(W)-2163-11/2019 & P-02(NCvC)(W)-2164-11/2019 (Mahkamah Rayuan)

When the impugned publications are read in their entirety, including linked full articles, captions and contextual indicators, they were not capable of referring to Theyagarajan or RNKI; the High Court erred by focusing on the photograph in isolation and by failing to consider the pleaded defences (justification, fair comment, qualified privilege); accordingly the libel claims were unsustainable and the appeal by NSTP on liability succeeds while RNKI’s appeal on quantum fails.

Malaysia Case Law

Tan Sri Razarudin Bin Husain @ Abd Rasid Wan Muhammad Azri Bin Wan Deris

NURUL AMIRAH BINTI OMAR CHE KHASMAWANI BINTI CHE MOHD NOOR

RESTORAN NASI KANDAR IRFANAH SDN BHD THE NEW STRAITS TIMES PRESS (MALAYSIA) BERHAD