JUDGMENT

Wong Kian Kheong JCA (majority):

[1] On 25 September 2023:

(1) my learned sister, Azizah Haji Nawawi JCA, and I (Majority Coram) had allowed this appeal with costs (Majority Decision); and

(2) my learned brother, Gunalan a/l Muniandy JCA, had given a dissenting opinion.

[2] This judgment (Majority Judgment) provides the reasons for the Majority Decision and a draft of the Majority Judgment has been given to Gunalan a/l Muniandy JCA.

B. Background

[3] The first respondent (1st Respondent) is the sole proprietor of a business named "Gerakbudaya Enterprise" which publishes and distributes books.

[4] The second respondent (2nd Respondent) wrote a book entitled "Gay is OK! A Christian Perspective" (Book) which was published and distributed by the 1st Respondent in September 2013.

[5] The first part of the Book consisted of a compilation of articles written by the 2nd Respondent which had been published in "Malaysiakini" from September 2010 to April 2011.