The court affirmed that statements made during a political campaign did not constitute defamation as they were not capable of bearing a defamatory meaning and were protected under the defences of fair comment and reportage.

JUDGMENT

Ahmad Kamal Md Shahid JCA:

Introduction

[1] YB Lim Guan Eng, the Plaintiff (appellant) brought an action against the Defendants (respondents) in relation to publication of statements which are said to be defamatory against him.

[2] The statements were made by Datuk Tan Teik Cheng (the 1st respondent) and thereafter published in the online version of a leading English daily which Star Media Group Berhad (the 2nd respondent) owns i.e. The Star Online.

[3] To succeed in his claim for defamation, the appellant has to prove three elements as follows:

(i) The words are defamatory;

(ii) It referred to him; and

(iii) It was published, that is, communicated to a third party.

(See: Mkini Dotcom Sdn Bhd & Ors v. Raub Australian Gold Mining Sdn Bhd; [2021] 5 MLJ 79; [2021] 7 CLJ 145 (Mkini Dotcom); Ayob Saud v. TS Sambanthamurthi; [1989] 1 MLJ 315; [1989] 1 CLJ (Rep) 321; Kian Lup Construction v. Hongkong Bank Malaysia Bhd; [2002] 7 MLJ 283; [2002] 7 CLJ 32; [2002] 3 AMR 3554)

[4] Based on the fact presented before us, we are of the view that the respondents did not dispute that the statements refer to the appellant and that they were published to a third party. Thus, the second and third elements have been proven by the appellant. This leaves the court to decide on the first element ie whether the offending statements were defamatory.

[5] The test of whether the statements were defamatory of the appellant is whether the words published in their natural and ordinary meaning impute to the appellant any dishonourable or discreditable conduct or a lack of integrity on his part? If the question invites an affirmative response, then the words complained of are defamatory (See: Chok Foo Choo v. The China Press Bhd; [1999] 1 MLJ 371; [1999] 1 CLJ 461; [1999] 1 AMR 753)

Background Facts

[6] The appellant is the Chairman of the Democratic Action Party (DAP). DAP is a component of a political coalition known as Pakatan Harapan (PH). The 1st respondent is the Vice President of the Malaysian Chinese Association (MCA). MCA is a component in a political coalition known as Barisan National (BN) and was a known political adversary of DAP. The 2nd respondent is in the business of media publication, better known as The Star', with an online version known as The Star Online'.

The Instant Suit Is A Defamation Action Brought By The Appellant Against The Respondents

[7] The dispute herein emanates from the change of name of Sekolah Jenis Kebangsaan Cina (SJKC) Kuek Ho Yao (the School).

The Public Controversy Over The Name Of The School

[8] In March 2018, prior to the 14th General Election which took place in May 2018, there was a ground-breaking ceremony for the construction of the School on its site. The School was to be constructed by a developer called UM Land. At that time, the name of the School was SJKC Kuek Ho Yao, without any addition to that name. The School was named after a respected Chinese community leader in Johor, the late Tan Sri Kuek Ho Yao.

[9] Under the PH Government (which came to power at the 14th General Election), Teo Nie Ching (PW1), was the Deputy Minister of Education in charge of the construction of the School. However, as at July 2018, when PW1 was appointed as Deputy Minister, there was no progress on the construction of the School. The office of the Deputy Minister of Education was unable to contact UM Land between September 2018 and 25 February 2019 to proceed with the construction of the School. Therefore, the Ministry of Education under PW1 considered a proposal from another developer, Eco World to construct the School on another site about two (2) kilometres away from the original site.

[10] On 30 March 2019, China Press online news published an article titled:- "SJKC Kuek Ho Yao to Switch School Land, The Retention of School Name to be Decided by the Developer". In this news article, it was reported that:

(a) PW1 as Deputy Minister and several individuals visited the School's site to listen to the briefing of the construction of the Sch