Defamation
'The publication for a statement which reflects on a person's reputation and tends to lower him in the estimation of the right thinking members of society generally or tends to make them hun or avoid him'
Defamatory statements Libel : Defamation in a permanent form usually visible to the eye
Section 3 of Defamation Act : broadcasting treated as perm, form
Section 2 of Defamation Act : 'words' include pictures, visual Images, gesture & other methods of signifying meaning.
Actionable per se
Slander: is defamation in temporary form.
Generally: Not actionable per se. Slander is difficult to prove unlike libel.
Elements
(1) Defamatory words
(2) Reference to pt
(3) Publication
Exception
Imputations of the unchaste of a woman
Section 4 of Defamation Act
LUK KAI LAM - Resp called app a prostitute & her •Charges were RM 50; allegations made in front of 3rd party.
Imputations of unfitness in any office, profession
Section 5 of Defamation Act
LUK KAI LAM - Pt was a nurse. Action was brought under Section 4 and 5 of Defamation Act. Court held that Section 5 of Defamation Act doesn't apply.
WAN A RASHID v SUBRAMANIAM - Df lawyer said to pt registrar 'corrupted fellow' 'corrupted buggers'
Imputation to title, goods: (defamation of another's goods/services)
Sestion 6 of Defamation Act
Imputation of disease (infectious/contagious) Imputation of serious crime that attract capital punishment.
SIVANANTHAM v ABD - Df called pt a cheat dishonest, liar
'The publication for a statement which reflects on a person's reputation and tends to lower him in the estimation of the right thinking members of society generally or tends to make them hun or avoid him'
Defamatory statements Libel : Defamation in a permanent form usually visible to the eye
Section 3 of Defamation Act : broadcasting treated as perm, form
Section 2 of Defamation Act : 'words' include pictures, visual Images, gesture & other methods of signifying meaning.
Actionable per se
Slander: is defamation in temporary form.
Generally: Not actionable per se. Slander is difficult to prove unlike libel.
Elements
(1) Defamatory words
(2) Reference to pt
(3) Publication
Exception
Imputations of the unchaste of a woman
Section 4 of Defamation Act
LUK KAI LAM - Resp called app a prostitute & her •Charges were RM 50; allegations made in front of 3rd party.
Imputations of unfitness in any office, profession
Section 5 of Defamation Act
LUK KAI LAM - Pt was a nurse. Action was brought under Section 4 and 5 of Defamation Act. Court held that Section 5 of Defamation Act doesn't apply.
WAN A RASHID v SUBRAMANIAM - Df lawyer said to pt registrar 'corrupted fellow' 'corrupted buggers'
Imputation to title, goods: (defamation of another's goods/services)
Sestion 6 of Defamation Act
Imputation of disease (infectious/contagious) Imputation of serious crime that attract capital punishment.
SIVANANTHAM v ABD - Df called pt a cheat dishonest, liar
See also textbooks.
