👉Defamation in writing or ‘libel’. Defamation like this usually happens when there is a statement
that is not true in writing, print or in permanent form against a person who is defamed and it is
spread to third parties / society. Defamatory statements in writing are usually published on social
media such as Facebook, Twitter, Instagram or any other related social media. It can also be spread
in the form of email or pictures.
👉Defamation in verbal or ‘slander’. This kind of defamation occurs when a conversation from
someone has false statements or accusations against the defamed person and the conversation is
expressed in front of other people such as third parties/society.
QUESTION:
What kind of compensation that I will get from a defamation lawsuit claim?
ANSWER:
If you win a defamation lawsuit, you are entitled to compensation. The amount of compensation
awarded depends on the court’s discretion based on several factors, such as the claimant’s
reputation, the seriousness of the defamation, the losses incurred by the claimant because of the
defamation and so on.
Hisham bin Tan Sri Halim v The Faridah bt Ahmad Norizan & Anor [2021] 10 MLJ 683
Case facts: The Plaintiff’s main claim against the first and second Defendants, the Plaintiff’s aunt,
and ex-wife’s mother, is for verbal defamation or known as ‘slander’. Around June 2017, the Plaintiff
received a call from a PDRM officer informing that his ex-wife had filed a police report, alleging that
her eldest daughter had been sexually assaulted by a driver who worked with the Plaintiff’s family.
Around July 2017, the Plaintiff went to Sg Buloh Hospital with his younger brother and his syariah
lawyer. The plaintiff met with the hospital director, PDRM officers and Welfare Department officers.
After the meeting, the incident that took place in the pediatric ward at the hospital was
simultaneously captured on video. The Plaintiff claimed that the two Defendants made defamatory
statements against the Plaintiff in the presence of several people in the hospital’s pediatric
wardroom, where the Defendant claimed that the Plaintiff had failed to protect his eldest daughter
from being molested by the driver.
Let’s follow the court decision for the case of Hisham bin Tan Sri Halim v The Faridah bt Ahmad
Norizan & Anor [2021] 10 MLJ 683
Case Decision: The Court allowed the Plaintiff’s claim for defamation and ordered both Defendants
to pay RM60,000 to the Plaintiff as general damages. The Court also grants interest on the entire
amount of damages ordered by the Court at a rate of 5% starting from the date of judgment until
the date of payment.
Let’s follow the case that has been decided in court related to defamation suits in writing or ‘libel’!
Muhd Iqbal bin Zainal Abidin v. Mohd Khaidir bin Ahmad [2017] MLJU 1277
Case facts: The Plaintiff filed a suit and statement of claim against the Defendant based on
defamatory actions published through the Defendant’s Facebook. In 2015, the Plaintiff received a
report that there was the installation of a signboard “Projek Ternakan Ikan Sangkar by Khaidir Bin
Ahmad”, on the land of the area. The Plaintiff has issued a notice to the Defendant for occupying
government land without the authority’s permission. Following that, the Defendant has published
slanderous and untrue statements against the Plaintiff as a government officer who signed and
issued the notice on the Defendant’s Facebook page. Among the Defendant’s statements is “YA
ALLAH, TERGAMAK MEREKA MAHU MENZALIMI AKU!!!” & “MENGAPA MEREKA ZALIM DAN TIDAK
JUJUR?”. These statements also invite negative and slanderous comments against the Plaintiff. The
Plaintiff also pleads that the defamation in its nature and meaning usually means and is understood
that the Plaintiff is a corrupt, involved in corruption, malicious and so on.
Let’s follow the court decision for the case of Muhd Iqbal bin Zainal Abidin v. Mohd Khaidir bin
Ahmad [2017] MLJU 1277
Case decision: The Court decided on the probabilities that the Plaintiff had proved that the
Defendant’s statement uploaded on ‘Facebook’ was clearly defamatory of the Plaintiff. The Court
has allowed the Plaintiff’s claim with damages of RM50,000.00 plus costs of RM15,000.00 subject to
allocator and 5% interest as claimed.
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