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 the 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 MarsdenLR 432 ; (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 facts 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 element