In a 31-page written judgment by Court of Appeal Judge Justice Idrus Harun, in the case of Pahang Menteri Besar Adnan Yaacob suing Utusan Melayu for defamation, he noted the people should discuss their government and public officials’ conduct without being subjected to civil actions for their opinion.
“We consider that as one of the fundamental principles, that in the exercise of the right to such freedom within the ambit of the Federal Constitution and related laws, the people should have the right to discuss their government and the officials in carrying out their duties.
“Such right to talk has been enshrined under Article 10(1)(a) of the Constitution, without any common law principle being applied.”
Idrus also said that any actions taken against individuals who voiced out their criticisms was against the public interest and would affect the fundamental liberties of a person.
“As public interest dictates, a democratically elected government and officers should be subjected to criticism and every responsible citizen should not be restrained in their opinions on the government’s affairs and administration.”
The panel, which also consisted of Justice Rohana Yusof and Justice Mary Lim, suggested that the Derbyshire principle, which rules that those holding office in public bodies like local authorities cannot sue in their official capacity, should be applied and be adopted in the country’s defamation laws.
“The English court’s decision, in our opinion, is no less valid and should be applied and be part of our defamation laws.
“It has a similar principle related to our freedom of speech under the Constitution and that public interest does not favour the right of government and its officers to sue for libel,” Idrus said.
However, Idrus also pointed out that if freedom of speech was abused by spreading false and malicious statements, the person can face criminal proceedings under the Sedition Act, Penal Code, Communications and Multimedia Act and the Printing Presses and Publications Act.
“The truth is that the government, through the public prosecutor, has the power to start criminal proceedings.
“Criminal action, in our view, would be a more appropriate recourse to take to tackle the menace of malicious words.”
On March 1, the Court of Appeal ruled that those holding public office could not sue media companies for defamation in their official capacity.
The panel unanimously ruled that Pahang Menteri Besar Adnan Yaacob could not bring the lawsuit in his position as the state leader.
Previously, on July 23 last year, the High Court dismissed Utusan Melayu Bhd’s bid to strike out the lawsuit by Adnan over an article entitled “Hebat Sangatkah Adnan” that was published in November 2014.
On Dec 8, 2014, Adnan filed a suit against Utusan over its article in which he alleged the newspaper had portrayed him as a person unsuitable to be the menteri besar, failed in his responsibilities and was pretentious.
He added that the article had tarnished his reputation and brought him shame.