Justification: the words are true in substance &; in fact.
Onus on Df: ABDUL RAHMAN TALIB
Section 8 of Defamation Act
MIRZAN B MAHATIR
Damages multiply when justification falls: MGG v VINCENT
Fair comment:
RATUS MESRA: 4 elements
1. Words are fair comment
2. Must be based on true facts:
CHOK FOO CHOO: 2nd Df claimed words based on 1st df's statement. 1st df denied. Not based on true facts
3. Must be fair &; not malicious:
TJANTING HANDICRAFT
4. Must be on matter of public Interest.
MOHD AZWAN
Privilege
Defence by which of commission is justified without fear of action for defamation
Absolute
Common law:
Onus on Df: ABDUL RAHMAN TALIB
Section 8 of Defamation Act
MIRZAN B MAHATIR
Damages multiply when justification falls: MGG v VINCENT
Fair comment:
RATUS MESRA: 4 elements
1. Words are fair comment
2. Must be based on true facts:
CHOK FOO CHOO: 2nd Df claimed words based on 1st df's statement. 1st df denied. Not based on true facts
3. Must be fair &; not malicious:
TJANTING HANDICRAFT
4. Must be on matter of public Interest.
MOHD AZWAN
Privilege
Defence by which of commission is justified without fear of action for defamation
Absolute
Common law:
for example parliamentary proceedings
TIMES v SIVADAS
Statutory:
Section 11 of Defamation Act: Fair & accurate reports of judicial proceedings in Malaysia.
WONG CHAN MEW: notice of substituted service of originating summons is a report of judicial proceedings
