DAMAGES IN DEFAMATION CASE

Abdul Karim Bin Ayob v Kumpulan Karangkraf Sdn Bhd & Ors [2000] 1 MLJ 243

It is an accepted fact that in an action for defamation the assessment of general damages does not depend on any legal precept. However, in assessing damages the court will consider:

  • The conduct of the plaintiff and the defendants;
  • The plaintiff’s position and standing;
  • The nature of the libel;
  • The extent of the publication; and
  • The refusal of an apology.

In addition, there must also be consideration given to the mental distress, hurt, anxiety and distress caused to the plaintiff as a result of the publication.

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