Defamation Law

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Questions and Answers

What is required for an action in slander?

A statement concerning a public figure

A written statement only

A statement spoken or conveyed in non-permanent form (correct)

A statement made by a person of authority

What must a person prove to make slander actionable?

Loss of reputation

Pecuniary loss or estimated loss (correct)

Emotional distress

Intentional harm

What type of slander is actionable without proof of special damage?

Slander of a woman's chastity (correct)

Slander of a man's character

Slander of a person's profession

Slander of a person's appearance

What is a requirement for both libel and slander?

A defamatory statement Signup and view all the answers

What is an example of slander?

A loud accusation in a public place Signup and view all the answers

What is the purpose of the defamation act?

To provide a framework for proving slander Signup and view all the answers

What is the definition of defamation based on Malaysian case law and English common law?

A communication of a statement that may give an individual or business a negative image Signup and view all the answers

What is the main difference between libel and slander?

Libel is in written form, while slander is in spoken form Signup and view all the answers

What are the elements that need to be satisfied in an action for libel?

The defamatory statement is made or conveyed by written or printed words, concerns the plaintiff, and is published to a person other than the plaintiff Signup and view all the answers

Which of the following is an example of libel?

A written article published in a newspaper Signup and view all the answers

What is the purpose of Section 3 of the Civil Law Act 1956?

To apply the English common law of defamation in Malaysia as at 7 April 1956 Signup and view all the answers

What is the term for defamation in temporary form?

Slander Signup and view all the answers

What is a defamatory statement?

A statement that tends to lower a person in the estimation of right thinking members of society Signup and view all the answers

What are the two methods of interpreting allegedly defamatory statements?

By natural and ordinary meaning, and by innuendo Signup and view all the answers

What is the 'natural and ordinary meaning' of words?

All of the above Signup and view all the answers

What does 'innuendo' refer to in the context of defamatory statements?

Words with special meaning only to those with knowledge of special background or facts Signup and view all the answers

Why might the statement 'kenny recently purchased a luxurious bungalow worth RM10 million' be considered defamatory?

Because it implies kenny is a corrupt civil servant Signup and view all the answers

What is the purpose of interpreting allegedly defamatory statements?

To determine if the statement causes harm to a person's reputation Signup and view all the answers

Study Notes

Slander

Slander involves a defamatory statement made through non-permanent forms like spoken words or sounds.
To qualify as slanderous, the statement must concern the plaintiff and be published to others.
Example: A loud accusation in a public gathering claiming a person is lazy and incompetent exemplifies slander.
Proof of actual or special damage is generally required to take action for slander, indicating financial losses directly attributed to the defamatory remarks.
Certain instances of slander are actionable without needing to prove special damage, including:
- Slanderous claims about unchastity or adultery directed at women.
- Statements impacting professional or business reputation.
- Claims regarding title or goods.
- Imputations of criminal offenses punishable by imprisonment.

Defamation Act

The term "defamation" is not explicitly defined in the Defamation Act but is interpreted through Malaysian case law and English common law.
The relevant legal framework is based on the Civil Law Act 1956, effective as of April 7, 1956, applying English common law to defamation in Malaysia.
Defamation occurs when statements negatively impact the reputation of individuals, businesses, or organizations.

Types of Defamation

Libel
- Refers to defamation in a permanent form, such as written words in articles or messages.
- A libelous statement must have been conveyed in a format that injures a person's character.
Slander
- Characterized by defamatory statements that are transient or spoken.
- Focuses on the act of damaging someone's reputation through false spoken statements.

Elements of Libel Action

A defamatory statement must be made in written or printed form.
It must concern the plaintiff and be published to others outside the plaintiff.
A defamatory statement should lower the individual's standing in society, provoke shunning, or convey injurious implications regarding their profession or trade.

Interpretation of Defamatory Statements

Natural and Ordinary Meaning
- Refers to the literal, implied, or general knowledge meanings of words in the statement.
Innuendo
- Describes words carrying specific meanings for individuals with particular knowledge.
- Example: A statement about a public servant's luxury house costing RM10 million can seem innocuous, but those aware of the individual’s job may interpret it as evidence of corruption.

Key Takeaways

Defamation laws protect individuals from damaging statements, with both libel and slander having distinct criteria.
Understanding the context, audience perception, and the nature of the statement is crucial in evaluating defamation cases.

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Description

Test your understanding of defamation law, including the definition of a defamatory statement and the methods of interpreting allegedly defamatory words. Learn about the legal implications of defamation and how it can affect individuals and their reputation.