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2009 MarsdenLR 363

HIGH COURT MALAYA KUALA LUMPUR
DATO SERI ANWAR IBRAHIM – Appellant
Versus
THE NEW STRAITS TIMES PRESS (M) SDN BHD & ANOR – Respondent


Petitioner Advocates:Karpal Singh,SN Nair,Wan Anuar Shaddat,Sangeet Kaur Deo ,Respondent Advocate: Nad Segaram,Soo Siew Mei

Table of Content
1. the significance and nuances of reputation. (Para 1 , 2 , 3 , 4)
2. interplay between freedom of expression and reputation. (Para 5 , 6)
3. nature of defamatory statements. (Para 11 , 12)
4. criteria for determining defamatory nature. (Para 13 , 14 , 15 , 16 , 18 , 19 , 22 , 23 , 24 , 25 , 26)
5. defence of qualified privilege. (Para 30 , 32 , 34)
6. differences in qualified privilege across jurisdictions. (Para 54 , 56 , 61)
7. damages in defamation and their implications. (Para 80 , 84 , 90)
Harmindar Singh Dhaliwal JC:

Introduction

[1] This case is about a mans reputation. What is reputation? There is no precise concept or definition. According to the Oxford English Dictionary, reputation means "what is generally said or believed about a mans character or standing". But reputation is different from character in that a persons character is what he or she in fact is whereas a persons reputation is what other people think he or she is. Plato Films Ltd v. Speidel [1961] AC 1090 at p 1138 per Lord Denning. In theory therefore, an unrevealed scoundrel may actually have an excellent reputation.

[2] In any discussion of reputation, there is the customary or some say obligator

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