Shah Alam High Court Allows Defamation Claim by Social Activist Against the Malaysia Nanban, the Editor in Chief and Murali A/L Subramaniam
September 30, 2020
News

On 15th of September 2020, the Shah Alam High Court in Arumugam A/L Kalimuthu v. Penerbitan Sahabat (M) Sdn Bhd & 3 Ors. found, amongst others, that the Plaintiff had successfully made out a claim of defamation against the Defendants, including, Penerbitan Sahabat (M) Sdn Bhd, the proprietor of Malaysia Nanban.

Briefly, the facts of the case are as follows:-

  1. On 01.03.2013, the 4th Defendant lodged a police report at the Klang Police Station against the Plaintiff (“the Impugned Police Report”);
  2. The Impugned Police Report was the precursor to the publication of six (6) impugned articles in Malaysia Nanban between 02.03.2013 and 24.03.2013(“the Impugned Articles”); and
  3. The Impugned Police Report and the Impugned Articles contained defamatory, disparaging and libelous remarks made by the 4th Defendant concerning the Plaintiff which had/have severely tarnished his personal and professional reputation and credibility.

The High Court in allowing the Plaintiff’s claim awarded:-

  1. Total general damages in the sum of RM450,000.00; and
  2. Total aggravated damages in the sum of RM100,000.00.

The High Court also ordered that:-

  1. An injunction be issued to restrain the Defendants from publishing and/or continue publishing lible materials against the Plaintiff; and
  2. The Defendants issue an unconditional apology to the Plaintiff and that the same be published in all leading Tamil daily newspapers in Malaysia.

The Firm’s T. Sudhar and Nadeem Rafiq appeared for the Plaintiff.

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