Cases
JUDGMENT
Hadhariah Syed Ismail JCA:
Introduction
[1] The appellant (plaintiff) brought an action for defamation against the respondent (defendant) in relation to words written and published by the respondent in an online news portal known as "Malaysiakini."
[2] To succeed in his claim for defamation, the appellant had to prove three elements as follows:
(i) The words are defamatory;
(ii) It referred to him; and
(iii) It was published, that is, communicated, to a third party.
See: Mkini Dotcom Sdn Bhd & Ors v. Raub Autralian Gold Mining Sdn Bhd [2021] 5 MLRA 37; [2021] 5 MLJ 79; [2021] 7 CLJ 145; Ayob Saud v. TS Sambanthamurthi [1988] 1 MLRH 653; [1989] 1 MLJ 315; [1989] 1 CLJ (Rep) 321; Kian Lup Construction v. Hongkong Bank Malaysia Bhd [2002] 2 MLRH 389; [2002] 7 MLJ 283; [2002] 7 CLJ 32; [2002] 3 AMR 3554.