Defamation - Brief Introduction
Defamation is an untruthful allegation
of a crime or a malicious misrepresentation of anothers’ words or actions. The
existence of the law is to simply guard from reputational damage to an
individual or an organisation. Defamation laws defend both private citizens and
public figures. There are two types of statements in the contexts of
defamation, libel and slander. Libel can be considered to be permanent
statement which comes in the form of writing, recording, or other way. On the
contrary, slander is said to be non-permanent communication as it is only
executed orally, body language or gestures. Generally, lawsuits are filed by
the people who experiences intolerable accusation leading to fatal reputational
damage to career, business, organisation, financial injury and others.
Plaintiffs or in other words accuser must prove actual harm and not the
potential for harm, in a claim.
The ruling enactment of defamation in Malaysia is Defamation Act 1957 which is governed under the Penal Code especially Section 499. Section 499 defines defamation as "Whoever, by words either spoken or intended to be read or by signs, or by visible representations, makes or publishes any imputation concerning any person, intending to harm, or knowing or having reason to believe that such imputation will harm the reputation and shall also be liable to fine of such person, is said,except in the cases hereinafter excepted, to defame that person".
The punishment for executing a defamation act falls under the Section 499 stating "Whoever defames another shall be punished with imprisonment for a term which may extend to two years or with fine or with both."
There elements of defamation
comprises of 4 areas :-
1) The
Statement Must Be Defamatory
False statement
that reveals a person to hatred, or contempt, causing them to be shunned, or bringing
about injures to him or his business. Statements that are merely offensive are
not defamatory. An opinion statement is void in the basis of defamation claim
because true or false cannot be proven.
2) The
Statement Must Be About the Claimant
Untrue
accusation should be directed and impacting the intended person or subject
target. In other words, when another person reads the statement, the sentence
should not be read twice in order to understand the meaning. Sometimes, the
name of the claimant will not be revealed and will statement of subject will be
unclear to precisely identify. However, if the information provided is out
rightly describing or revealing the plaintiff, then the criteria is fulfilled.
3) The
Statement Must Be Published
Statement are
considered to have reach and communicated to the intended group of people.
4) The
Statement Must Cause Serious Harm
The statement has caused or would be likely to
reason a serious harm to the claimant's reputation. If there is lack of
evidence supporting the its serious harm to the reputation of the client, then
the statement is not deemed to be defamatory
