JUDGMENT

Noradura Hamzah JC:

Introduction

[1] The Plaintiff sues the Defendants for defamation arising from Facebook and WhatsApp postings in February 2020, alleging that the Defendants accused her of causing serious injury to the Second Defendant during an acupuncture procedure, practising without a proper licence, and evading responsibility. The Defendants deny liability, contending that the postings were either true, constituted fair comment, or were confined to a limited audience, and emphasise that the plaintiff lacked a valid Malaysian practising licence and had performed an invasive procedure.

[2] The trial began before Justice Nurulhuda Nur'Aini binti Mohammad Nor on 21-23 January 2025 and, following her transfer to the Kuala Lumpur High Court , resumed before me on 26-27 August 2025. Written submissions were filed by 12 September 2025, oral submissions were heard on 17 September 2025, and judgment was fixed for 14 October 2025.

Background

[3] The Plaintiff, Ding Ming Ming, is a beautician and certified acupuncturist who practised mainly in the Klang Valley and occasionally in Johor Bahru. The First and Second Defendants, Lim Su Jin and Lim Su Ling, are siblings and former customers of the plaintiff who had received beauty and acupuncture treatments from her.

[4] The dispute arises from publications made in February 2020. The Plaintiff alleges that on or about 8 and 9 February 2020, the First Defendant, using the Facebook account "Yuki Lim", posted statements alleging that the plaintiff lacked proper qualifications, practised without legitimacy, and caused serious medical complications to the Second Defendant following a thread-embedding acupuncture procedure (TEA) performed in November 2019.

[5] The Plaintiff further alleges that on or around 5 and 6 February 2020, the Second Defendant circulated similar statements via WhatsApp messages to a third party known as "Shehvon", a business partner of the plaintiff associated with "Little Nail Cottage", a beauty salon in Johor Bahru where the plaintiff occasionally provided services.

[6] The Defendants deny defamation, contending that the Facebook posts were private communications viewable only by friends, that the plaintiff's translations were inaccurate, and that the statements were either substantially true, fair comment, or made on an occasion of qualified privilege.

[7] The Defendants have also filed a counterclaim alleging that the plaintiff defamed them by spreading false accusations and circulating the writ of summons, thereby causing them embarrassment and reputational harm. The Plaintiff denies these allegations in her Reply and Defence to Counterclaim.

[8] Based on the agreed facts in encl 55, it is common ground that the plaintiff is a Malaysian citizen residing in Puchong, Selangor. The First Defendant is a Malaysian citizen residing in Johor Bahru, Johor, while the Second Defendant, also a Malaysian citizen, resides in Singapore with a common address for service in Johor Bahru. The Defendants are siblings.

[9] The parties further agree that the plaintiff is also known as "Chris" and that the First Defendant published two Facebook postings on 8 and 9 February 2020 under her account "Yuki Lim", accessible via the following URLs:

(a) https://www.facebook.com/story.php?story_fbid=2774309515956827&id=100001334174665 (post dated 8 February 2020); and

(b) https://www.facebook.com/story.php?story_fbid=2776001809120931&id=100001334174665 (post dated 9 February 2020).

[10] It is also agreed that "Little Nail Cottage", a beauty salon in Johor Bahru where the plaintiff occasionally provided services, featured in the dispute following the said publications. The parties further agree that the First Defendant had friends and followers on her Facebook account, and that certain friends and family members of the Defendants were also customers of the plaintiff.

Agreed Issues

[11] Based on the statement of agreed issues for trial in Enclosure 33, the following agreed issuess arise for determinati