DEFAMATION

Question 1

What is the Malaysian Defamation Act 1957 (Revised 1983)?

Answer 1

It is the statute that governs defamation law in Malaysia.

Question 2

What interest does the Defamation Act protect?

Answer 2

A person’s good name and reputation.

Question 3

Define defamation.

Answer 3

Arises when there is a publication that has a tendency to lower a person’s reputation, causing them to be shunned or avoided by reasonable persons in society.

Question 4

True or False: The truth of a publication is a defense against defamation.

Answer 4

False.

Question 5

Who can sue for defamation?

Answer 5

Individuals, government bodies, and business/commercial organizations.

Question 6

Who can be sued for defamation?

Answer 6

The author of the defamatory words, and all involved persons may be sued.

Question 7

What is libel?

Answer 7

Defamation in a permanent form that is usually visible to the eye.

Question 8

Give an example of libel.

Answer 8

Items in writings, mail, pictures, statutes, effigies.

Question 9

Is libel actionable per se?

Answer 9

Yes, it is actionable per se, meaning damages do not need to be proven.

Question 10

What is slander?

Answer 10

A defamation in a temporary form, usually made through spoken words or gestures.

Question 11

Is slander actionable per se?

Answer 11

No, a plaintiff must prove actual or special damage.

Question 12

Fill in the blank: Slander to woman is covered under _______.

Answer 12

S.4 of the Defamation Act.

Question 13

What are the five exceptions when slander can be actionable per se?

Answer 13

• Slander to woman
• Imputation of a crime
• Imputation of contagious disease
• Slander in relation to a person’s professional/business reputation
• Slander in relation to title, slander of goods, and malicious falsehood.

Question 14

What is required for the words to be considered defamatory?

Answer 14

The words must lower the estimation of the plaintiff in the minds of right-thinking members of society.

Question 15

What are the three ways words may be defamatory?

Answer 15

• Natural and ordinary meaning
• Innuendo
• Juxtaposition.

Question 16

Define natural and ordinary meaning in defamation.

Answer 16

Defamatory imputation arises from the natural and ordinary meaning of the words used.

Question 17

What is false innuendo?

Answer 17

Words are defamatory due to inferences/implications arising from them.

Question 18

What is true or legal innuendo?

Answer 18

Arises due to special knowledge known to the recipient of the publication that makes the words defamatory.

Question 19

What is juxtaposition in the context of defamation?

Answer 19

Using visual effects to create a defamatory implication.

Question 20

What must a plaintiff prove regarding the reference to themselves in a defamation case?

Answer 20

The defamatory words must point directly to the plaintiff.

Question 21

True or False: Only the person defamed may bring an action for defamation.

Answer 21

True.

Question 22

What is required in cases of defamation to a class of persons?

Answer 22

There must be a specific reference to the plaintiff.

Question 23

What is the significance of the case Chong Chien Jen v Gov of state of Sarawak?

Answer 23

The court held that the Federal and State Government have a statutory right to sue for defamation.

Question 24

What type of organizations can sue for defamation?

Answer 24

Business or commercial organizations, as long as they prove their corporation can be damaged by the defamatory statement.

Question 25

What is the implication of the case Doree Industries (M) Sdn Bhd v Sri Ram?

Answer 25

A corporate body may sue for libel and slander, but the imputation must reflect upon the company itself.

Question 26

What is required to prove defamation to a class of persons?

Answer 26

A specific reference to the plaintiff must be made ## Footnote Cases like Knupffer v London Express Limited and Eastwood v Holmes illustrate this necessity.

Question 27

What constitutes publication in terms of defamation?

Answer 27

Dissemination of defamatory words or material to a third party ## Footnote If words are not heard or seen by a third party, publication does not arise.

Question 28

In Wan Abdul Rashid v S Sivasubramanian, why was the statement considered published?

Answer 28

The statement was spoken in public ## Footnote This case illustrates that public statements can lead to publication.

Question 29

What was the court's finding in Dr Jenni Ibrahim v S Pakianathan regarding publication?

Answer 29

Sending copies of letters to other parties constitutes publication ## Footnote The letters indicated a breach of trust and were shared with multiple authorities.

Question 30

What does foreseeability mean in the context of publication?

Answer 30

Publication must be foreseeable to the parties involved ## Footnote Cases such as Huth v Huth and Theaker v Richardson demonstrate the importance of foreseeability.

Question 31

In Tan Chee Kong v Lee Ee Liat, what was the ruling about publication to postal employees?

Answer 31

Publication arose to the postal employee despite their confidentiality ## Footnote The case highlights the liability of dissemination to third parties.

Question 32

What is the exception regarding publication between spouses?

Answer 32

No publication occurs when one spouse talks about the other to a third party ## Footnote However, if the roles are reversed, publication does occur.

Question 33

What is the defence of justification in defamation cases?

Answer 33

The defendant must prove the truth of their allegation ## Footnote This is an absolute defence, as illustrated in Datuk Seri Utama Dr Rais Bin Yatim v Amizudin Bin Ahmat.

Question 34

What happens if a defamatory statement is proven true?

Answer 34

The law will no longer protect the plaintiff ## Footnote Even minor inaccuracies do not invalidate the truth of the main allegation.

Question 35

What are the four requirements for the defence of fair comment?

Answer 35

* Words must be in comment form * Based on true facts * Fair and not malicious * Concern an issue of public interest ## Footnote Cases like Meeran Lebbaik Maullim & Anor v J. Mohamed Ismail Marican illustrate these requirements.

Question 36

What is absolute privilege in defamation law?

Answer 36

Protection for statements made in legislative, executive, and judicial contexts ## Footnote Examples include statements made in court or parliamentary debates.

Question 37

What is qualified privilege?

Answer 37

Protection for statements made between parties with mutual interest or to fulfill a duty ## Footnote This includes defamatory reports made to authorities regarding potential crimes.

Question 38

What is unintentional defamation?

Answer 38

Where the defendant innocently publishes defamatory material ## Footnote The Sandison v Malayan Times Ltd case exemplifies this scenario.

Question 39

What is the role of consent in defamation cases?

Answer 39

Plaintiff's consent for publication can serve as a defence ## Footnote This is illustrated in Chapman v Lord Ellesmere.

Question 40

What conditions must be met for innocent dissemination to apply?

Answer 40

* Innocent of any knowledge of libel * Nothing in the work suggested it contained libel * No negligence in sharing the article ## Footnote This is based on the Vizetelly v Mudie’s Select Library Ltd case.

Question 41

How can an apology affect defamation claims?

Answer 41

An apology can mitigate the amount of damages awarded ## Footnote The case of Datuk May Phng & 2 Ors v Tan Pei Pei illustrates this principle.

Question 42

What factors may mitigate damages in a defamation case?

Answer 42

* Existing reputation of the plaintiff * Plaintiff's behavior towards the defendant * Extent of publication * Apology ## Footnote These factors are considered in assessing damages.