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2013 MarsdenLR 259

HIGH COURT MALAYA ALOR SETAR
MOHD NASIR MUSTAFA – Appellant
Versus
MOHD HANAFIAH HANAFI & ORS – Respondent


Table of Content
1. plaintiff's claim involves alleged defamatory statements. (Para 1 , 2 , 3)
2. statements deemed to convey irresponsibility and inefficiency. (Para 4)
3. establishment of defamation requires specific criteria. (Para 5 , 12 , 13)
4. defendants' admissions regarding the statements impact claim. (Para 6 , 7 , 8 , 11)
5. chronology of events related to road repair. (Para 14 , 15 , 18)
6. discussion on public interest and responsible journalism. (Para 16 , 22 , 24)
7. publication necessity of responsible journalism is emphasized. (Para 20 , 21)
8. criteria for qualified privilege in defamation. (Para 23)
9. damages for defamation require proof of reputation effects. (Para 25 , 26 , 27 , 28)
10. assessment of damages and implications. (Para 29)
11. conclusion on plaintiff's award and claims. (Para 30 , 31)

[1] On 18 December 2011 at 9.00pm there was a broadcast of a television programme called "Rancangan Titik Sentuhan" (programme) over RTM1 which allegedly contained statements defamatory of plaintiff. This is plaintiff's claim for defamation against D3 and D4 in Civil Suit 23NCVC-1-3-2012 and D1 and D2 in civil suit 23NCVC-7-9-2012. On 10-09-2012 both civil suits were consolidate

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