RK Nathan J:

Facts

[1] The plaintiff was at the material time of the publication of the impugned art the resident conductor of the Penang State Symphony Orchestra and Chorus (PESSOC). The 1st defendant was at the material time the editor of the Nanyang Siang Pau, a Chinese Newsdaily, and the 2nd defendant, the publisher and printer of the said Nanyang Siang Pau. On 10 June 1998, Chong Eng, then sole DAP State Assemblywoman for Batu Lancang, Penang, had in her adjournment speech in the Penang State Assembly raised, for the consideration of Kee Phaik Cheen (Kee), the Chairman of the PESSOC Committee and also the State Assemblywoman for Batu Uban and an Exco Member responsible for PESSOC, various matters concerning the academic qualifications and conduct of the plaintiff. In her adjournment speech, Chong Eng had drawn the attention of the assembly to a brochure entitled "Highlights of PESSOC Programs" which described the plaintiff as having a degree from Leeds University and diplomas from the Royal College and Trinity College and as having studied conducting music at York University whereas Leeds University had confirmed that the plaintiff had never studied in Leeds University, whilst York University had said that the plaintiff quit the university after studying for three months, in a masters degree course in musical performance.

[2] On 12 June 1998, Chong Eng had called for a press conference where she had disclosed, amongst other things, an e-mail from Leeds University which stated that there was no record that the plaintiff was ever in Leeds University.

[3] On 16 June 1998, Kee had issued a press statement alleging, amongst other things, that Chong Eng had misled the State Assembly into questioning the academic qualifications of the plaintiff as conductor of PESSOC and challenged Chong Eng to prove that the plaintiff did not have the degree of Bachelor of Education in Music.

[4] On 21 June 1998, Chong Eng had, in reply to the press statement issued by Kee on 16 June 1998, issued a press statement addressing, amongst other things, how the qualifications of the plaintiff came to be questioned in the State Assembly.

[5] In the press statement released on 21 June 1998, Chong Eng had also, in stating that PESSOC received funding from the State Government, posed certain questions to Kee who, being the State Exco Member responsible for PESSOC, was, according to Chong Eng, obliged to answer.

[6] On 24 June 1998, the 2nd defendant published a report on the press statement of Chong Eng issued on 21 June 1998 in the Chinese newsdaily Nanyang Siang Pau. The report under the heading 'British conductor's academic qualification questioned' reproduced essentially the text of the said press statement including the series of questions pertaining to the plaintiff, posed by Chong Eng to Kee as the State Exco-Member directly responsible for PESSOC. The impugned portions of the reporting, the subject matter of this case is reproduced from para 4 of of the statement of claim. It reads as follows:

British Conductor's Academic Qualification Questioned. Chong Eng: Kee Phaik Cheen Is Negligent

(i) (Penang 23rd) Penang State's sole opposition state assemblywoman Chong Eng today said that Kee Phaik Cheen was negligent in the State Assembly Hall, causing the British conductor's academic qualification being questioned.

(ii) In my adjournment speech in the Assembly, I urged PESSOC Committee Chairman cum State Assemblyman to verify the academic qualifications of the expatriate conductor to be correct because Kee Phaik Cheen is the Exco-member directly responsible in hiring him.

(iii) The Leeds University e-mail reads: I have checked records in the University but could not find the record/s that Mark Ostyn or Mark Ignatius Uttley was ever in Leeds University. The facsimile from York University Music Department says: Mark Uttley quit after studying three months in a master degree course in Musical Performance.

(iv) She at the material time had a photocopy of Mark O