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2024 MarsdenLR 863

HIGH COURT MALAYA KUALA LUMPUR
ONG JENN CHNAN – Appellant
Versus
METROPOLITAN TV SDN BHD – Respondent


Petitioner Advocates:Y Yogeswaran,Khaw Yit Hoa,Teh Han Ker ,Respondent Advocate: Lim Qi Si,Chuah Min Yi,Sufiah Yusoff

JUDGMENT

(After Trial)

John Lee Kien How @ Mohd Johan Lee J:

Introduction

[1] This is the Plaintiff's claim ('this Claim') for damages against the Defendant for an alleged defamatory statement broadcasted during 8TV Chinese News Program aired by the Defendant ('the Impugned Broadcast').

Facts Of The Case

[2] On 2 March 2019, the Defendant aired a news report regarding an investment scheme known as the BTC I-system carried out by a trading group known as North Gemilang Dua Gemilang Trading ('North Gemilang'). When the Impugned Broadcast was aired, there was a segment that showed photographs of certain individuals (with part of the face blurred out) together with their names, identity card numbers, and addresses.

[3] The Plaintiff claimed that one of the photographs shown in the Impugned Broadcast was his and the alleged defamatory statement can be seen by the transcript uttered by the newscaster in Mandarin. The English translation for the transcript ('the Transcript') is as follows:

"Organized group to inspect the investment project in Vietnam. Swindler had crazily cheated RM8 millions of hard-earned money."

"High return investment scams are often heard nowadays and this time, an investment

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