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defamation

Thursday, October 22, 2009


defamation arises when there is a publication which has a tendency to lower the person's reputation or to cause him to be shunned or avoided by reasonable persons in society, and thereby adversely affecting his reputation( Dato Musa Hitam v S H Alattas & Ors). It is established if A tells B either orally or in writing that C is dishonest and selfish person who likes to take advantages of those around him. Publication arises when this statement is made to B, and as this statement may cause a reasonable person to disassociate himself from C's company, it therefore adversely affects C's reputation.
In the case of Derbyshire County Council V Times Newspaper Ltd, it was held that a local authority and so (public authorities and governmental bodies) had no right to sue for defamation in respect of governing and administrative reputation if no actual financial loss was pleaded or alleged.
It's different from the business or commercial organization,a trading or non-trading corporation which can show that it has a corporate reputation which is capable of being damaged by a defamatory statement, may sue in libel to protect that reputation in the same way as could a natural person.
In Borneo Post Sdn Bhd & Anor v Sarawak Press Sdn Bhd case's, the P's action failed as the alleged defamatory statements did not contain any specific reference to the P company and there's could not be said to have reflected upon it's way of business.

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