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Cases

LIM GUAN ENG v. RUSLAN KASSIM & ANOTHER APPEAL
Federal Court, Putrajaya
Nallini Pathmanathan, Abdul Rahman Sebli, Harmindar Singh Dhaliwal FCJJ
[Civil Appeal Nos: 02(f)-61-07-2019(W) & 02(f)-62-07-2019(W)]
26 February 2021
[2021] 3 MLRA 207

JUDGMENT

Harmindar Singh Dhaliwal FCJ (Majority):

Introduction

[1] There are two appeals before us. The core issue in the appeals is whether an individual who holds political office or is a government official is disentitled from bringing an action in defamation in his official capacity. The appeals arose pursuant to the granting of leave on the following question:

"Does the decision of the Federal Court in Chong Chieng Jen v. Government Of State Of Sarawak & Anor [2019] 1 MLRA 515; [2019] 3 MLJ 300; [2019] 1 CLJ 329; [2018] 8 AMR 317 allow a Government Official to sue for defamation in his or her official capacity bearing in mind the decision in Derbyshire County Council v. Times Newspaper Ltd & Ors [1993] 1 All ER 1011, not being applicable under Malaysian law?"

[2] Underpinning the core issue in the appeals, as is usually the case, is the obvious tension between the competing interests of freedom of expression and the protection of a person's reputation. We may all have heard of the saying: "sticks and stones may break my bones but words can never hurt me". But that seems a little antiquated today and will not find endorsement in the law of defamation. And rightly so. Words or speech can have extremes of being useful when they are uplifting or enlightening or harmful when they are dangerous and devastating. The worst case is undoubtedly speech calculated to incite racial or religious hatred. That can hurt a whole country.

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
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