The pen is mightier than the sword.
In this digital era, erroneous information jeopardising the reputation of a person or an organisation is known as defamation. It may lead to an award of significant monetary damages, as such damage to reputation can be permanent and irreversible.
Defamation is a statement made that damages or injures the reputation of another person. A written statement is known as libel, whereas a non-written statement (i.e. verbal) is known as slander.
The Plaintiff ought to ensure that 3 conditions be satisfied before defamation can be established: -
1) There is a defamatory statement;
2) The statement refers to the person suing;
3) The statement must be published to a third party other than the person suing.
The Defendant’s defences to defamation are as follows: -
1) Justification
2) Fair Comment
3) Absolute Privilege
4) Qualified Privilege
Defamation damages are notoriously difficult to quantify, which increases the risk and uncertainty in defending defamation claims. Damages will be assessed by the Honourable Court by considering, inter alia, the following: -
1) The conduct of the Plaintiff;
2) The Plaintiff’s position and standing in society;
3) The nature of the libel;
4) Mode and extent of publication;
5)The absence or refusal of retraction or apology;
6)The whole conduct of the Defendant from the time the libel was published down to the very moment of the verdict.
In Ling Wah Press (M) Sdn Bhd & Ors v Tan Sri Dato Vincent Tan Chee Yioun [2000] 4 MLJ 77, the defamatory statement was published in the magazine. The Federal Court upheld the award of RM7,000,000.00 as damages payable to Tan Sri Dato Vincent Tan. This is 1 of the highest defamation award in Malaysia.
The award for defamation differs in each case, depending on the aforesaid factors.
If you wish to bring a legal action for defamation, please note that the award for defamation differs in each case and depending on the aforesaid factors. Please do not hesitate to contact Messrs. How & Hospera at 03-67327528 for further action.
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