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CASE(S) OF THE WEEK

TORT: Defamation - Publication of defamatory words - Article based on judicial proceedings of plaintiff's criminal case - Plaintiff convicted for falsifying results of candidates in examination - Whether words "for financial benefit" in article meant plaintiff altered results of examination for financial benefit - Whether words complained of capable of bearing defamatory meaning - Whether words complained of referred to plaintiff - Whether there was malice on defendants' part when publishing article - Whether defendants acted in bad faith - Whether defendants liable to plaintiff for defamation - Defamation Act 1957, s. 12(1)

TORT: Defamation - Defences - Justification - Publication of defamatory words - Article based on judicial proceedings of plaintiff's criminal case - Plaintiff convicted for falsifying results of candidates in examination - Whether words in impugned article true in substance and in fact - Whether defence of justification allowed

TORT: Defamation - Defences - Absolute privilege - Publication of defamatory words - Article based on judicial proceedings of plaintiff's criminal case - Plaintiff convicted for falsifying results of candidates in examination - Whether article a fair, accurate and contemporaneous report - Whether words "for financial benefit" a fair and bona fide comment - Whether protected by defence of absolute privilege - Defamation Act 1957, s. 11

TORT: Defamation - Defences - Qualified privilege - Publication of defamatory words - Article based on judicial proceedings of plaintiff's criminal case - Plaintiff convicted for falsifying results of candidates in examination - Whether a matter of public interest - Words complained of - Whether "for financial benefit" were neutral words and not defamatory - Whether article published a fair account of judicial proceedings - Whether defendants protected by defence of qualified privilege in form of Reynolds privilege


KHALID YUSOFF v. PERTUBUHAN BERITA NASIONAL MALAYSIA (BERNAMA) & ORS
HIGH COURT MALAYA, KUALA LUMPUR
YEOH WEE SIAM J
[CIVIL SUIT NO: 23 NCVC-62-07-2013]
19 SEPTEMBER 2014




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