If someone makes any statement that injures the good reputation of a person in front of the public then he or she can claim against the person who made that negative statement of him or her.
WHAT IS DEFAMATION?
A statement is said to be defamatory if it drops a person’s reputation in the perception of the right-thinking people of the community or, if it leads a person to be disclosed as hatred, contempt, or ridicule, or if a person’s profession, business or trade is downgraded. Even though there is no particular definition for defamation in the Act, as time passed Malaysian case law and English common law only defined this definition of defamation which is accepted now.
Defamation is classified into two types:
- Libel – It is the written representation made in any permanent form like in written media, in newspapers, social media posts, emails, and also video.
For example, A posted on Facebook an unwanted false statement about B that he is a child molester.
- Slander – It is the temporary form of defamation, where the statement is spoken by words or through gestures.
For example, A called out in public that C stole money from A, but is a false statement.
ESSENTIALS OF DEFAMATION
To determine whether a statement made by a person is defamatory, the court looks at the meaning of that particular statement.
In certain cases, the statements made are natural and are directly defamatory but in other situations, they are not straightforward, hence the special meaning with specific knowledge in the context of that person must be analyzed, which is the Innuendo. For example, Joy says, “ John is a regular customer at Salt cafe”. Here the direct meaning is not at all defamatory but if this cafe is supplying illegal drugs to customers then the innuendo here is that John might be a drug dealer, which is defamatory.
Also, there are some essentials of defamation to win the claim one must prove that:
- The statement must be defamatory
- The said statement must be referring to the other person.
- The statement must be published also.
A defamatory statement injures the reputation of a person or an imputation that exposes one to disrespect and humiliation, ridicule, or contempt. Also, the statement could be made orally, in writing, printed, or by gestures.
If the person against whom the statement is made, if his name is mentioned then it is obvious that it mentions him only and also if the person is an easily identifiable one.
Publication means that it must be known to some person other than the person who is defamed and it must not be private and must be heard or seen by a third person.
DEFAMATION DAMAGES
In Malaysian defamation law, if a person is defamed then he need not always prove actual damages or the financial loss to win a civil claim for the loss that he suffered due to the wrongful act of the other person. The Malaysian Defamation Act particularly mentions specific verbal statements for which no proof of the damage is required and could be actionable.
These verbal statements include:
- False oral statement of women mentioning adultery or unchastity
- False oral statements which affect the official, professional, or business reputations of a person
- False oral statement of title or goods and
- A false statement that suggests a criminal offense that is punishable by imprisonment or any corporal punishment.
The amount that you get if succeeded in the defamation claim depends on the discretion of the court and also on the reputation of the person, the seriousness of the said statement, the exact loss suffered, if there is an evil mind, etc.
DEFENSES OF DEFAMATION
The three most common defenses to an action for defamation are:
- Justification or Truth
- Fair comment
- Privilege
Justification or Truth– Law will not allow a person to obtain damages for something stated, if it is true about him. If the defamatory statement is false then the honest belief that the statement is true is not considered to be a defense and repeating a wrong rumor that is strong but not true is also not justified.
Fair comment- Making a fair comment about some matter of public interest is a defense to an action of defamation. But to avail, this defense certain essentials are required, which includes:
- It must be a comment i.e, an expression of opinion rather than a statement of fact.
- The comments must be based on facts.
- The comment must be fair
- The matter commented upon must be of public interest.
Privilege – It means giving a special status. The defense of privilege is of two types :
- Absolute privilege and
- Qualified privilege.
Absolute privilege – Total protection here is given to the person speaking and no action for defamation can lie against him. Also, absolute privilege is recognized in these cases:
- Parliamentary proceeding
- Judicial proceeding
- Police reports or statements made to the police as per section 112 of the Criminal Procedure Act.
Qualified privilege– Here if a person has a moral or a legal duty to make the statement and that statement is of legitimate common interest, this privilege is available.
Also, the statement made in qualified privilege should be without any malice, then only the exemption from liability for making a defamatory statement is granted. The presence of an evil mind or malice destroys the defense available.
For example, if a parent says that the principal of XYZ school is discriminating against certain students, it cannot be a fair comment if the parent has not believed it or is confused about whether it is right or not. But if again makes the statement as the parent does not like him, then malice is involved in this case and no defense can be availed here.
SEEKING LEGAL HELP
If someone publishes any statement which injures your reputation then for conforming and for advice you can always speak to a lawyer who has experience in Malaysian defamation law. Approaching a skilled lawyer will work to your advantage to ensure that your rights are protected and you get the compensation that you deserve. Also if you are facing a defamation suit then also a lawyer can advise you on the best defense available for you and you may escape from the suit.
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