Zulkefli JCA (delivering judgment of the court):

INTRODUCTION

The plaintiff sued the defendant for defamation. The court gave judgment for the plaintiff against the defendant. The learned trial judge found the caption and words complained of and comprised in the article published by the defendant in a magazine known as Mingguan Wanita had libeled the plaintiff and awarded the plaintiff general damages in the sum of RM100,000, aggravated damages in the sum of RM100,000, interests and costs.

The defendant now appeals against the finding of the learned trial judge that the defendant had defamed the plaintiff. Alternatively, the defendant appeals against the award of aggravated damages. The plaintiff has cross appealed against what she considered as inadequacy of the damages awarded.

In this judgment, a reference to the record of appeal would refer to the record of appeal (Volume 1) filed by the defendant for its appeal in Civil Appeal No W–02–386 of 1999.

FACTS OF THE CASE

The relevant facts of the case are as follows.

The defendant is the publisher of a magazine known as Mingguan Wanita. The defendant had caused to be published four issues of Mingguan Wanita, more particularly issues No 623, 636, 642 and 644 wherein appeared articles of and concerning the plaintiff. The plaintiff had been with TV3 since 1991 and had been its presenter cum newscaster and had been hosting several TV programmes and was also a broadcast journalist. Some time in September 1995, the defendant's reporter for Mingguan Wanita, one Anwar bin Razali (DW1) interviewed the plaintiff via the telephone. At the said interview the plaintiff claimed she declined to talk about her private life and never made any comment about any second or third person in her married life let alone say anything about ‘Tebus Talak RM3 Juta’. Based on this interview the defendant published an article in the first magazine (issue No 623) which is not the subject of this action. Some time in December 1995 when the plaintiff hosted the TV3 programme known as Nona several reporters including the said reporter (DW1) interviewed her but nothing was mentioned about a third person in her life and ‘Tebus Talak RM3 Juta’. However, the defendant published the second magazine (issue 636) which carried the plaintiffs photographs and on the front cover the words, ‘Mala Tebus Talak RM3 Juta?’ and within the magazine under the heading ‘Heartache of the person Normala, Her heart says Yes. Her lips says no!’ (as translated) an article which, inter alia, mentioned a third person in her married life and the payment of RM3m to her husband to release her from her marriage bond. Upon reading the article in the second magazine the plaintiff contacted the reporter DW1 and asked him to put right the incorrect matters published about her and to apologize for the same. The defendant published the third magazine (issue 642) which purports to comply with the plaintiff's request. The plaintiff was not satisfied that the article in the third magazine had put matters right.Her dissatisfaction was conveyed through one Anis, who was not called as a witness. The defendant then published the fourth magazine (issue 644) which purports to explain the truth and to apologize.

THE PLAINTIFF'S CLAIM

The plaintiffs action arises from, and is based on the defendant's publication in the said Mingguan Wanita of 26 January – 2 February 1996 issue (issue No 636) wherein the front cover portrays a photograph of the plaintiff with the words, ‘Mala Tebus Talak RM3 Juta?’ and within the magazine, photographs of the plaintiff and an article under the heading ‘Jiwa lara seorang Normala. Hatinya berkata iya, bibirnya berkata tidak!’ which the plaintiff alleges is defamatory of her and is understood to bear the meanings and inferences that:

(i)the plaintiff bought herself off from her marriage bond by paying (her ex-husband) the sum of RM3m;

(ii)there is a third person in the plaintiffs marriage;

(iii)the plaintiff attempted to deny the aforesaid by