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2020 MarsdenLR 1833

HIGH COURT MALAYA KUALA LUMPUR
MASYITAH MD HASSAN – Appellant
Versus
SAKINAH SULONG – Respondent


Petitioner Advocates:Irna Shahana Shamsudin,Nur Izzaida Zamani ,Respondent Advocate: Idza Hajar Ahmad Idzam,Nan Muhammad Ridhwan Rosnan,Nur Fatin Hafiza Hasham

JUDGMENT

Evrol Mariette Peters JC:

Introduction

[1] This is the plaintiff's claim ("this Claim") for damages against the defendant for alleged defamatory statements that the latter had posted on her Facebook account.

The Background Facts

[2] Although this is a dispute between a doula and a doctor, it must be underscored at the outset that the disagreement had nothing whatsoever to do with whether medically unsupervised home-births should be condoned or condemned, but rather if the doctor was justified in her statements regarding the doula.

[3] The plaintiff, known also as DoulaMas, is a doula, or birth companion, who not only offered personalised ante-natal and post-natal care advice relating to natural childbirth, she also conducted courses on how to handle the challenges pertaining to natural childbirth.

[4] The defendant is a medical doctor employed by the Ministry of Health Malaysia, and at the material time, was the owner of a Facebook account by the name of "Sakinah Sulong".

[5] On 4 February 2018, a baby born via a home water birth to one Norizatul Amira Kamsan ("PW2"), had died. As a result thereof, on 7 February, 8 February, and 12 February 2018, the following statements (collecti

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