The court ruled that statements regarding historical actions of the Communist Party were not defamatory as they reflected truth, emphasizing individual liability in defamation claims.

Balia Yusoh Wahi J:

[1] Enclosure 21 is an application by the defendant to strike out the plaintiff's action under O. 18 r. 19(1)(a), (b) or (d) of the Rules of the High Court 1980 . The affidavit in support is in encl. 21A while the affidavit in reply by the plaintiff is in encl. 18.

Brief Facts Of The Case

[2] The first and the second plaintiffs are the same person. As the first plaintiff he is bringing the suit in his own capacity as well as a representative of all members of the Parti Komunis Malaya and all other related parties. As the second plaintiff, he is suing in his capacity as the Secretary General of the Parti Komunis Malaya.

[3] By an "Agreement between the Government of Malaysia and the Communist Party of Malaya to Terminate Hostilities" dated 2 December 1989 and "Administrative Arrangement between the Government of Malaysia and the Communist Party of Malaya pursuant to the Agreement to Terminate Hostilities" dated 2 December 1989, the plaintiffs and the defendant have agreed to, inter alia, cease all armed activities forthwith.

[4] In consideration for the 2nd plaintiff agreeing to cease all armed activities, the defendant shall assist members of the 2nd plaintiff in order to help them to start their peaceful life afresh. Further, in consideration for the 2nd plaintiff agreeing to terminate all armed activities, it was also agreed that:

(a) all press statements issued by either the defendant or the 2nd plaintiff thereafter shall be in the spirit of the agreement and shall not contain any slanderous terms; and

(b) the defendant shall not apply the Internal Security Act 1960 or any other laws on members of the 2nd plaintiff who have returned to settle down in Malaysia.

[5] Prior to entering into the agreement and the arrangement, there had been five rounds of Tripartite Peace Talks participated by the 2nd plaintiff, the defendant and the Thai government representatives.

[6] At the Tripartite Peace Talks, there had been undertakings, pledges and/or personal assurances made by the delegates of the defendant to the plaintiffs that "there would be no mention of surrender but it would be on the theme let the past be the past" and any press release by the Malaysian Government would be played down and there would be no embarrassing statements made against the Communist Party of Malaya.

[7] In a newspaper article which appeared in the "Star" on 21 March 2005, the defendant through its Deputy Information Minister, Datuk Zainuddin Maidin stated that it intends to televise short films on "the bloody insurgency, which left thousands of security personnel, civilians and communists dead".

[8] In a newspaper article which appeared in "The Sun" dated 6 May 2005, the defendant through the same Deputy Information Minister, Datuk Zainuddin Maidin stated that the Information Ministry is working with the Malaysia ex-Army Association to produce a special segment on the brutality of the Communist Terrorists.

[9] As this juncture, it is necessary to reproduce the said two articles which are as follows:

The article in the "Star".

"Chin Peng not easily forgotten or forgiven"

Kuala Lumpur: Retired army major Zainal Omar, 72 describes his reaction to learning that exiled communist leader Chin Peng has launched a last ditch legal battle to return to Malaysia.

"I wept when I read the news," he says, reflecting the mood among former soldiers who lost their colleagues in the communist insurgency of the 1940s and 1950s.

He has not forgiven the communists who killed his father, uncle and seven