Defamation

Overview of lecture
Background &
Important court
cases
Definition & types
of defamation acts
Elements of
Defamation
Defenses against
Defamation

Privileges
Penal Code (Act
574)
Court cases
involving Penal
code (Act 574)
Conclusion

Background
1. AIM of Defamation
Law
To protect the
reputation of:
a. Individuals
b. Group
c. Institutions

2. Can be split into

TWO categories:
a. Libel (Permanent)
b. Slander (Speech &
Gestures)

Categories
Defamation

Civil
Defamation Act
(1957)

Criminal
Penal Code
(Act 574)

Court Cases

Wong Chun Wai versus

Ibrahim Ali

Definition & types of defamation acts

What is Defamation?
In simple terms

Common law definition:

A situation where
something is said or
published about a
person which would
definitely bring him or
her to suffer disrepute
or lowers their
reputation in the minds
of right thinking
persons in society.

Defamation is the
publication of a
statement which reflects
on a persons reputation
and tends to lower him
in the estimation of
right thinking members
of society generally or
tends to make them
shun or avoid him.

There are two types of defamation in Malaysia: libel

and slander.
1. Libel is when such words
are expressed in a
permanent form
. Usually visible to the eye
. Libel is actionable per se,
no need to proof of special
damage.
. Books, cartoons, magazine,
radio (Section 3), e-mail
and social networking sites
. Punishable as tort and
crime

2. Slander is when such

words are expressed
in a temporary form
. Usually when spoken
or made by body
movements.
. Joke (orally), gesture,
speech
. Slander is only a tort

Evidence

Certain cases where Slander is considered as actionable per

se and no need to proof actual damage. They are:

(i) Section 4 of Defamation Act

words which imputes unchastely
or adultery to any women. Please
refer to Luk Kai Lam v Sim Ai Leng.
(ii) Section 5 of Defamation Act
words calculated to disparage a
persons in any office, profession,
business.
a. C. Sivanathan v Abdullah b.
Dato Haji Abdul Rahman
b. Wan Abd Rashid v S.
Sivasubramaniam

(iii) Section 6(1)(b) of

Defamation Act provides in
an action for slander of title,
slander of goods or other
malicious falsehood, P does
not have to proof special
damages.
For example A tells B that C is
no longer operating his coffee
shop, the statement may well
deprive C of his business and
C now can sue A for slander
without have to prove special
damages.

Important ELEMENTS about

DEFAMATION.
i. The words must have a
tendency to lower the
persons reputation in
the estimation of right
minded persons of the
society, so that the
person is avoided or
shunned or ridiculed.

Mere Words in Anger

ii. Mere words of abuse uttered in
anger in the heat of moment cannot
constituted defamation.

Defamatory words
Words may be defamatory in one of
the following 2 ways:
1. Natural and ordinary meaning
2. Innuendo

Natural and ordinary

meaning
The words by themselves, as
understood by ordinary men of
ordinary intelligence must have the
tendency to make them avoid the
plaintiff.
Examples
a) Datuk Harris Salleh v Abdul Jalil
Ahmad
b) Ng Chen Kiat v Overseas Union Bank

Innuendo
When words themselves in its natural
and ordinary meaning is not a
defamatory but may be defamatory
when combined with some special
facts known to readers of the
publication is known as innuendo.
Example: case of Tolley v JS Fry &
Sons.

Other criteria
Must be proven that the words have
been made to a third party, other
than the person being defamed.
Must be SANE considered those
words as defamation.
Must be a publication for the thirdparty
Lack of knowledge IS not an excuse

Defense Against Defamation

1. Defamation (Not on purpose)
(Section 7(1)
2. Truth or Justification(Section 8)
3. Fair comments (Section 9)
4. Privileges: Absolute & Qualified

Absolute Privilege
A privilege that immunizes a defendant from suit, no matter how wrongful the action
might be, and even though the action might have been done with improper motives.

Statements made in either House of Parliament. Also include

parliamentary papers of an official nature, ie, papers, reports
and proceedings which Parliament orders to be published
Statements made in the course of judicial proceedings
Fair, accurate and contemporaneous reports of public judicial
proceedings before any court in Malaysia
Communications between lawyers and their clients.
Statements made by officers of state to one another in the
course of their official duty

CONDITIONAL PRIVILEGE
A conditional privilege is a defense to an action for defamation, unless the
defendant abused the privilege when publishing the statement.

statements made in governmental

reports of official proceedings
statements made to the authorities
(report or complain)
certain types of statements made by a
former employer to a potential
employer regarding the employee
Statements made to protect self or
family interest.

OFFENSES under the Penal Code

(574)
1. Saying the wrong thing about the
deceased individual
= Harm his or hers reputation as if the
person is still alive or hurt the deceaseds
loved ones (family members and relatives)
2. Imputation (Group, society or
COMPANY)
3. Imputation (Can be in the form of
choice/irony)

Punishment
Jail (Maximum 2 years or fine or both)
Other offenders: Print, distribute and
Sail

CONCLUSION

THE END