DEFAMATION Flashcards
What is the Malaysian Defamation Act 1957 (Revised 1983)?
It is the statute that governs defamation law in Malaysia.
What interest does the Defamation Act protect?
A person’s good name and reputation.
Define defamation.
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.
True or False: The truth of a publication is a defense against defamation.
False.
Who can sue for defamation?
Individuals, government bodies, and business/commercial organizations.
Who can be sued for defamation?
The author of the defamatory words, and all involved persons may be sued.
What is libel?
Defamation in a permanent form that is usually visible to the eye.
Give an example of libel.
Items in writings, mail, pictures, statutes, effigies.
Is libel actionable per se?
Yes, it is actionable per se, meaning damages do not need to be proven.
What is slander?
A defamation in a temporary form, usually made through spoken words or gestures.
Is slander actionable per se?
No, a plaintiff must prove actual or special damage.
Fill in the blank: Slander to woman is covered under _______.
S.4 of the Defamation Act.
What are the five exceptions when slander can be actionable per se?
- 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.
What is required for the words to be considered defamatory?
The words must lower the estimation of the plaintiff in the minds of right-thinking members of society.
What are the three ways words may be defamatory?
- Natural and ordinary meaning
- Innuendo
- Juxtaposition.
Define natural and ordinary meaning in defamation.
Defamatory imputation arises from the natural and ordinary meaning of the words used.
What is false innuendo?
Words are defamatory due to inferences/implications arising from them.
What is true or legal innuendo?
Arises due to special knowledge known to the recipient of the publication that makes the words defamatory.
What is juxtaposition in the context of defamation?
Using visual effects to create a defamatory implication.
What must a plaintiff prove regarding the reference to themselves in a defamation case?
The defamatory words must point directly to the plaintiff.
True or False: Only the person defamed may bring an action for defamation.
True.
What is required in cases of defamation to a class of persons?
There must be a specific reference to the plaintiff.
What is the significance of the case Chong Chien Jen v Gov of state of Sarawak?
The court held that the Federal and State Government have a statutory right to sue for defamation.
What type of organizations can sue for defamation?
Business or commercial organizations, as long as they prove their corporation can be damaged by the defamatory statement.
What is the implication of the case Doree Industries (M) Sdn Bhd v Sri Ram?
A corporate body may sue for libel and slander, but the imputation must reflect upon the company itself.
What is required to prove defamation to a class of persons?
A specific reference to the plaintiff must be made
Cases like Knupffer v London Express Limited and Eastwood v Holmes illustrate this necessity.
What constitutes publication in terms of defamation?
Dissemination of defamatory words or material to a third party
If words are not heard or seen by a third party, publication does not arise.
In Wan Abdul Rashid v S Sivasubramanian, why was the statement considered published?
The statement was spoken in public
This case illustrates that public statements can lead to publication.
What was the court’s finding in Dr Jenni Ibrahim v S Pakianathan regarding publication?
Sending copies of letters to other parties constitutes publication
The letters indicated a breach of trust and were shared with multiple authorities.
What does foreseeability mean in the context of publication?
Publication must be foreseeable to the parties involved
Cases such as Huth v Huth and Theaker v Richardson demonstrate the importance of foreseeability.
In Tan Chee Kong v Lee Ee Liat, what was the ruling about publication to postal employees?
Publication arose to the postal employee despite their confidentiality
The case highlights the liability of dissemination to third parties.
What is the exception regarding publication between spouses?
No publication occurs when one spouse talks about the other to a third party
However, if the roles are reversed, publication does occur.
What is the defence of justification in defamation cases?
The defendant must prove the truth of their allegation
This is an absolute defence, as illustrated in Datuk Seri Utama Dr Rais Bin Yatim v Amizudin Bin Ahmat.
What happens if a defamatory statement is proven true?
The law will no longer protect the plaintiff
Even minor inaccuracies do not invalidate the truth of the main allegation.
What are the four requirements for the defence of fair comment?
- Words must be in comment form
- Based on true facts
- Fair and not malicious
- Concern an issue of public interest
Cases like Meeran Lebbaik Maullim & Anor v J. Mohamed Ismail Marican illustrate these requirements.
What is absolute privilege in defamation law?
Protection for statements made in legislative, executive, and judicial contexts
Examples include statements made in court or parliamentary debates.
What is qualified privilege?
Protection for statements made between parties with mutual interest or to fulfill a duty
This includes defamatory reports made to authorities regarding potential crimes.
What is unintentional defamation?
Where the defendant innocently publishes defamatory material
The Sandison v Malayan Times Ltd case exemplifies this scenario.
What is the role of consent in defamation cases?
Plaintiff’s consent for publication can serve as a defence
This is illustrated in Chapman v Lord Ellesmere.
What conditions must be met for innocent dissemination to apply?
- Innocent of any knowledge of libel
- Nothing in the work suggested it contained libel
- No negligence in sharing the article
This is based on the Vizetelly v Mudie’s Select Library Ltd case.
How can an apology affect defamation claims?
An apology can mitigate the amount of damages awarded
The case of Datuk May Phng & 2 Ors v Tan Pei Pei illustrates this principle.
What factors may mitigate damages in a defamation case?
- Existing reputation of the plaintiff
- Plaintiff’s behavior towards the defendant
- Extent of publication
- Apology
These factors are considered in assessing damages.
