Layman’s guide to Defamation

Posted on May 7, 2008
Filed Under defamation | 3 Comments

Defamation in a layman’s term means the damaging of someone’s good reputation by saying something bad and untrue about them. In law, defamation is saying or writing something about a person which is untrue and the thing said or written has lowered his/her reputation in the eyes of right thinking members of society.

In Malaysia, the applicable law is found in the Defamation Act 1957. By virtue of section 3 of the Civil Law Act 1956, the common law of England relating to defamation is applicable to Malaysia in so far as it has been modified by the provisions of the Defamation Act. Though the numbering of these sections differs, many of the provisions of Act are in pari materia with or at least follow closely the corresponding sections of either the Defamation Act 1952 (UK), or the earlier UK legislation on defamation. The law of defamation in Malaysia is, therefore, for all practical purposes, the same as the law of England

There are 2 types of defamation: Libel – which in general is written and Slander – which in general is oral. Both exist to protect a person’s reputation.

To prove libel, one need not prove loss or damage; it is enough to show that the words were published and untrue. Slanderous statements, on the other hand, are actionable only if they can be proved to cause special damage subject to the following exceptions:

  1. Words spoken and published which impute unchastity or adultery to any woman or girl shall not require special damage to render them actionable. Likewise, to impute that a person has a contagious venereal disease is to commit a slander actionable per se. (s.4 of the Act)
  2. It shall not be necessary to prove special damage in the case of slander affecting official, professional or business reputation. For instance, to say that a businessman is bankrupt is defamatory and is actionable per se. (s.5 of the Act)

The Defamation Act defines “words” to includes pictures, visual images, gestures and other methods of signifying meaning. In being cast inclusively, the term includes but is not limited to words for it encompasses non-verbal methods of communicating meaning: Datuk Syed Kechik bin Syed Mohamed v Datuk Yeh Pao Tzu & Ors [1977] 1 MLJ 56 (cartoons and caricatures held to be defamatory); Monson v Tussauds [1894] 1 QB 671 (waxworks of the plaintiff in ‘Chamber of Horrors’ held to be defamatory).

What are the causes of action open to a claimant who was injured by certain defamatory statements made against him?

  1. Suing for defamation
  2. Criminal defamation

Civil Suit:

What needs to be proved in a suit for defamation?

  1. That the statement was defamatory

A defamatory statement is one which discredits the claimant by lowering his reputation in the estimation of right thinking members of society

  1. That the statement referred to the claimant

The claimant must prove that the statement expressly or impliedly refers to him. In other words, he was identified as the subject of the statement.

  1. That the statement was published

Publication in this context means that the statement was made or shown to a third party by the defendant.

To be continued: – Defenses to Defamation

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Comments

3 Responses to “Layman’s guide to Defamation”

  1. Adino on May 7th, 2008 2:16 pm

    This is interesting!

    Adino’s last blog post..I’m Sorry Darling

    JC: Wait for part 2 man…

  2. Jade on August 10th, 2009 11:19 pm

    I have more than one account to claim against, how do I do this ?

    Jade’s last blog post..Sports Law

  3. delores on January 12th, 2010 10:23 pm

    this is just perfect, my assignment is already boring enough without having to trawl through gooblydegook

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