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2016 MarsdenLR 98

COURT OF APPEAL PUTRAJAYA
SHARIFUDDIN MOHAMED & ANOR – Appellant
Versus
DATO ANNAS KHATIB JAAFAR & ANOTHER APPEAL – Respondent


Table of Content
1. the publication's context and reference are critical in determining defamation. (Para 1 , 4 , 5)
2. the court examines identifiability and implications of published words. (Para 6 , 8 , 9)
3. the outcome emphasizes the need for clear liability in terms of defamation. (Para 7 , 10 , 11)
Zaleha Yusof J:

[1] This is an appeal against the decision of the trial judge in allowing the respondent's action against the appellants for damages for libel that was allegedly written, printed and published or caused to be written, printed and published of the respondent/plaintiff by the appellants/defendants in a national Malay language newspaper, the Harian Metro daily on the 10 April 2007. The said article appeared at p 14 of the said newspaper, entitled "Siasat Kontrak LKIM" with the sub-heading "Lembaga Pengarah lapor BPR" (impugned article). The impugned article purportedly contained the words complained of on the alleged wrongdoings of the respondent/plaintiff in his capacity as the Director General of the Malaysian Fisheries Development Authority or Lembaga Kemajuan Ikan Malaysia (LKIM), a statutory body incorporated under the LKIM Act 1972.

[2] The order in respect of liabi

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