Defamation

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Defamation can be defined as express words that may lower another person's reputation in the public. In Malaysia, defamation law is protecting people's reputation from unfair attack. Acording to Defamation Act 1957, section(5), in an action for slander in respect of words calculated to disparage the plaintiff in any office, profession, calling, trade or business held or carried on by him at the time of the publication, it shall not be necessary to allege or prove special damage whether or not the words are spoken of the plaintiff in the way of his office,
profession, calling, trade or business. Hence, with the existance of Defamation Act, we are able to sue those who say/publish wrong or malicious comments. The defamation case can go to court, with a hearing before a judge. However, the majority of cases are settled. This included a published apology, sometimes a payment or sometimes none of it was applied.

Image taken from: http://www.topnews.in/files/Anwar-Ibrahim1.jpg

In November 2009, there was a case regarding Datuk Seri Anwar Ibrahim who won a civil suit against publisher New Straits Times Press (M) Bhd and its former group editor-in-chief over a defamatory article published by its newspaper in 2002. Anwar had filed defamation suti agaist NSTP and its former group editor- in- chief, Tan Sri Abdullah Ahmad in 2003 where the article enttitled, " Anwar's link to US lobbyist" which published in 2002. The accuracy of articles was left in doubt as the editor only looked at various previous articles as her source and relied on the article in the New Republic magazine as she claimed that the magazine is a credible, reputable, magazine on political and social issues in the United States. Supposedly, the editor should obtain the response through other publication of article or even seek enquiries from Anwar's family. In the end, high court ordered two defendants to pay RM100,000 as compensatory damages to Anwar. From this case, we can know that it is important to seek the element of fairness when you are going to publish any articles or information about someone.

image taken from: http://the-malaysian.blogspot.com/2007_01_01_archive.html

According to the Law of Defamation Act 1957, section (3), broadcast statement, stated that for the purpose of the law of libel and slander the broadcasting of words by means of radio communication shall be treated as publication in a permanent form. Hence, the information which published will be well-known by the public out there. If the source/information was not credible, it will surely defame a person's reputation and status within the society.

There was also another case where the famous blogger Raja Petra Kamaruddin claimed that Dr Nordin, who is the vice chancellor of University Utara Malaysia, was a plagiarist on the Malaysia Today website and in the 98th edition of Suara Keadilan in November 2006. Such claim was not true which lead to High Court ordered Raja Petra Kamaruddin to pay RM7million to Dr Nordin for libel.

In conclusion, whenever we want to say something about someone, we must make sure that it is accountable and there was prove to be stated. One can defend onself by saying that what he/she said was true, however, you must prove it right! Else, if you are expressing your opinion/comments towards a particular subject/object, you must be sure that it's a fair comment which it is reasonably accurate.