CASE FACT: SUHAIMI v AMIR [2020] MLJU 805
The plaintiff and his wife are partners with the defendant in a business in JLA Company. The plaintiff made a claim against the defendant regarding several posts on “Facebook”. According to the plaintiff, the posting has defamed the plaintiff and caused the plaintiff to suffer damage in terms of his reputation and suffer losses where the plaintiff’s business is not going smoothly.
However, the defendant denied that the posting referred to the plaintiff or his job or related to his conduct in carrying out his job as claimed by the plaintiff.
In this case, the defendant has also initiated legal action against the plaintiff that the plaintiff has committed fraud and embezzled JLA Company’s money amounting to 7 million.
COURT DECISION: SUHAIMI v AMIR [2020] MLJU 805
The court has found that the plaintiff has failed to prove his claim against the defendant on a balance of probabilities that the statement posted on Facebook is defame against the plaintiff. Therefore, the Court has also rejected the plaintiff’s claim against the defendant with costs of RM20,000 subject to allocator.
However, the defendant’s legal action against the plaintiff, the court allowed it because it was satisfied and ensured that the defendant had successfully proved that the plaintiff had committed fraud and forgery and embezzled JLA Company’s money amounting to 7 million.
THE ELEMENTS OF DEFAMATION THAT NEED TO BE FULFILLED
1) The conversation or written statement is defamatory,
2) The conversation or written statement refers to yourself, not someone else,
3) The conversation or written statement is delivered to the third party.
Are those three elements fulfilled? Let’s contact us to discuss with a lawyer for further action.
What about the compensation or damages that will be received if you win the defamation case?
There is no fixed formula in determining the value of compensation or damages to be received. All damages will be determined by the court according to various factors such as:
1) the claimant’s reputation,
2) the level of seriousness and impact that comes from the slanderous statement,
3) the existence of any malice, and
4) whether the defendant has made an apology.
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