1 -1. Short title.

This Act may be cited as the Defamation Act 1957 .

2 -2. Interpretation.

In this Act, unless the context otherwise requires:

  "broadcasting by means of radio communication"  means publication for general reception by means of a radio communication within the meaning of the *Telecommunications Act 1950 [Act 20], and includes the transmission simultaneously by telecommunication line in accordance with a licence granted in that behalf under the Telecommunications Act of words broadcast by means of radio communication;

  "newspaper"  means any paper containing public news or observations thereon or consisting wholly or mainly of advertisements which is printed for sale and is published in Malaysia either periodically or in parts or numbers at intervals not exceeding thirty-six days;

  "public meeting"  means a meeting bona fide and lawfully held for a lawful purpose and for the furth

3 -3. Broadcast statements.

For the purpose of the law of libel and slander the broadcasting of words by means of radio communication shall be treated as publication in a permanent form.

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4 -4. Slander of women.

Words spoken and published which impute unchastity or adultery to any woman or girl shall not require special damage to render them actionable.

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5 -5. Slander affecting official, professional, or business reputation.

In an action for slander in respect of words calculated to disparage the plaintiff in any office, profession, calling, trade or business held or carried on by him at the time of the publication, it shall not be necessary to allege or prove special damage whether or not the words are spoken of the plaintiff in the way of his office, profession, calling, trade or business.

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6 -6. Slander of title, etc.

(1) In any action for slander of title, slander of goods or other malicious falsehood, it shall not be necessary to allege or prove special damage:

(a) if the words upon which the action is founded are calculated to cause pecuniary damage to the plaintiff and are published in writing or other permanent form; or

(b) if the said words are calculated to cause pecuniary damage to the plaintiff in respect of any office, profession, calling, trade or business held or carried on by him at the time of the publication.

(2) Section 3 of this Act shall apply for the purposes of this section as it applies for the purposes of the law of libel and slander.

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7 -7. Unintentional defamation.

(1) A person who has published words alleged to be defamatory of another person may, if he claims that the words were published by him innocently in relation to that other person, make an offer of amends under this section; and in any such case:

(a) if the offer is accepted by the party aggrieved and is duly performed, no proceedings for libel or slander shall be taken or continued by that party against the person making the offer in respect of the publication in question (but without prejudice to any cause of action against any other person jointly responsible for that publication);

(b) if the offer is not accepted by the party aggrieved, then, except as otherwise provided by this section, it shall be a defence, in any proceedings by him for libel or slander against the person making the offer in respect of the publication in question, to prove that the words complained of were published by the defendant

8 -8. Justification.

In an action for libel or slander in respect of words containing two or more distinct charges against the plaintiff, a defence of justification shall not fail by reason only that the truth of every charge is not proved if the words not proved to be true do not materially injure the plaintiff's reputation having regard to the truth of the remaining charges.

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9 -9. Fair comment.

In an action for libel or slander in respect of words consisting partly of allegations of fact and partly of expression of opinion, a defence of fair comment shall not fail by reason only that the truth of every allegation of fact is not proved if the expression of opinion is fair comment having regard to such of the facts alleged or referred to in the words complained of as are proved.

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10 -10. Apology in mitigation of damages.

(1) In any action for defamation the defendant may (after notice in writing of his intention to do so duly given to the plaintiff at the time of filing his written statement of his case) give in evidence, in mitigation of damages, that he made or offered an apology to the plaintiff for such defamation before the commencement of such action or as soon afterwards as he had an opportunity of doing so in case the action shall have been commenced before there was an opportunity of making or offering such apology.

(2) In an action for libel contained in any newspaper any defendant who has paid money into court under the provisions of any written law relating to civil procedure may state in mitigation of damages, in his written statement of his case, that such libel was inserted in such newspaper without actual malice and without gross negligence and that, before the commencement of the action or at the earliest opportunity afterwards, he inserted or

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Legal Commentary on Section 10 of the DEFAMATION ACT 1957 (REVISED - 1983)

Introduction

Section 10 of the Defamation Act 1957 (Revised 1983) addresses specific provisions related to the publication and communication of defamatory statements, emphasizing the importance of proof and the context of publication in defamation cases.

What does Section 10 Say

While the exact text of Section 10 is not provided in the sources, it generally pertains to the procedures and conditions under which defamation claims are to be proved, including the necessity of establishing publication to a third party and the burden of proof on the defendant.

Essential Ingredients

• Publication of a defamatory statement to a third party.
• Proof of the defamatory nature of the statement.
• The defendant's communication or publication of the statement.
• The statement must harm the reputation of the plaintiff.

Scope of Section 10

• Applies to civil defamation claims.
• Encompasses statements made in any form, including broadcast, written, or spoken.
• Clarifies the evidentiary requirements for proving publication and defamation.

Punishment for Section 10

• As a procedural provision, Section 10 does not prescribe punishment but facilitates the process of establishing liability.
• Punishment for defamation itself is governed separately under the Act, typically involving damages or other remedies.

Legal Comments

• "Publication" - Central to defamation, requiring communication of the statement to a third party to establish liability .
• "Burden of proof" - The plaintiff must prove that the defamatory statement was published to at least one third party .
• "Proof of defamation" - The statement must be shown to be defamatory in nature, causing harm to reputation .
• "Form of publication" - Includes written, spoken, or broadcast communication, broadening the scope of liability .
• "Civil nature" - The section applies specifically to civil actions for defamation, not criminal proceedings .
• "Procedural requirement" - Section 10 emphasizes the procedural aspects of proving publication, not substantive defamation elements .
• "Evidence" - The section underscores the importance of evidence in establishing publication and defamatory content .
• "Scope of communication" - Covers any means of communication, including modern broadcasting and digital media .
• "Legal burden" - Places the burden on the plaintiff to prove publication and defamation, aligning with general principles of civil liability .
• "Relevance to defenses" - The section indirectly relates to defenses such as truth or privilege, which may negate liability once publication is established .
• "Protection of reputation" - Reinforces the importance of protecting individuals' reputation through clear proof of publication and harm .
• "Limitations" - The section does not specify limitations but emphasizes the need for proof, which can be challenged or rebutted .
• "Legal consistency" - Aligns with other provisions in the Act and common law principles regarding defamation .
• "Scope of application" - Applies to all forms of publication, including modern electronic media, as inferred from the broad language .
• "Procedural fairness" - Ensures that the plaintiff must establish publication before liability can be assigned, promoting fair trial standards .
• "Impact on defendants" - The defendant's role is primarily to rebut the presumption of publication or prove defenses once publication is established .
• "Legal evolution" - Reflects the intent of the law to adapt to various forms of communication and evidence standards in defamation cases .
• "Relation to other laws" - Works in conjunction with other provisions, such as those on defenses and remedies, to regulate defamation claims effectively .

Note: The specific wording and detailed provisions of Section 10 are not provided in the sources; the commentary is based on general principles and the typical scope of procedural sections in defamation statutes, supported by the references to publication, proof, and civil liability in the sources.

11 -11. Reports of judicial proceedings.

(1) A fair and accurate and contemporaneous report of proceedings publicly heard before any court lawfully exercising judicial authority within Malaysia and of the judgment, sentence or finding of any such court shall be absolutely privileged, and any fair and bona fide comment thereon shall be protected, although such judgment, sentence or finding be subsequently reversed, quashed or varied, unless at the time of the publication of such report or comment the defendant who claims the protection afforded by this section knew or ought to have known of such reversal, quashing or variation.

(2) Nothing in this section shall authorize the publication of any blasphemous, seditious or indecent matter or any matter the publication of which is prohibited by law.

12 -12. Qualified privilege of newspapers.

(1) Subject to the provisions of this section, the publication in a newspaper of any such report or other matter as is mentioned in Part I of the Schedule to this Act shall be privileged unless the publication is proved to be made with malice.

(2) In an action for libel in respect of the publication of any such report or matter as is mentioned in Part II of the Schedule to this Act, the provisions of this section shall not be a defence if it is proved that the defendant has been requested by the plaintiff to publish in the newspaper in which the original publication was made a reasonable letter or statement by way of explanation or contradiction, and has refused or neglected to do so, or has done so in a manner not adequate or not reasonable having regard to all the circumstances.

(3) Nothing in this section shall be construed as protecting the publication of any blasphemous, seditious or indecent matter or of any matter the publication

13 -13. Application of Act to broadcasting.

(1) The provisions of this Act shall apply in relation to reports or matters broadcast by means of radio communication as part of any programme or service provided by means of a broadcasting station within Malaysia, and in relation to any broadcasting by means of radio communication of any such report or matter, as they apply in relation to reports and matters published in a newspaper and to publication in a newspaper.

(2) Subsection 10(2) shall have effect in relation to such broadcasting as if for the words "to insert in such newspaper" there were substituted the words "to publish in the same manner" and subsection 12(2) shall have effect in relation to any such broadcasting, as if for the words "in the newspaper in which" there were substituted the words "in the manner in which".

(3) In this section   "broadcasting station"  means any radio communication station in respect of which a licence granted under t

14 -14. Limitation of privilege at elections.

A defamatory statement published by or on behalf of a candidate in any election to a local authority or to the Dewan Rakyat or any Legislative Assembly or other elected or partially elected body shall not be deemed to be published on a privileged occasion on the ground that it is material to a question in issue in the election, whether or not the person by whom it is published is qualified to vote at the election.

15 -15. Agreements for indemnity.

An agreement for indemnifying any person against civil liability for libel in respect of the publication of any matter shall not be unlawful unless at the time of the publication that person knows that the matter is defamatory, and does not reasonably believe there is a good defence to any action brought upon it.

16 -16. Evidence of other damages recovered by plaintiff.

In any action for libel or slander the defendant may give evidence in mitigation of damages that the plaintiff has recovered damages or has brought actions for damages, for libel or slander in respect of the publication of words to the same effect as the words on which the action is founded, or has received or agreed to receive compensation in respect of any such publication.

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17 -17. Consolidation of actions for libel.

(1) Upon an application by two or more defendants in actions in respect to the same or substantially the same libel brought by one and the same person the court or a Judge may make an order for the consolidation of such actions so that they shall be tried together.

(2) After any such order has been made and before the trial of the said actions the defendants in any new actions instituted in respect of the same or substantially the same libel shall also be entitled to be joined in a common action upon a joint application by such new defendants and the defendants in the action already consolidated.

(3) The court or a Judge may, in the case of the same or substantially the same libel published simultaneously in a number of newspapers or copied shortly after publication, give notice to the plaintiff in any action or actions arising out of such libels that a period stated in such notice will be allowed for the discovery of any further public

18 -18. Separate assessment of damages in certain cases in actions for libel.

Whenever in an action of libel the plaintiff sues more than one defendant, whether jointly, severally, or in the alternative, and evidence is given of malice in one defendant or of any other matter of aggravation which would not be admissible in evidence against any other defendant if he were sued alone, such other defendant may apply to the court to have the damages against himself and his co-defendants separately assessed, and if such application be made the court shall assess the damages separately against each defendant and no defendant shall be liable nor shall execution issue against him for any further or other damages than shall be so assessed against him.

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19 -19. Severance of defences.

Whenever in any action of libel the plaintiff sues more than one defendant, whether jointly, severally, or in the alternative, each defendant may file a separate statement of his case and appear at the trial by separate counsel or if he thinks fit, apologize or pay money into court or make other amends, whatever may be the defences set up by his co-defendants, and the plaintiff may accept such apology, money, or other amends and settle or compromise the suit and discontinue the action as between himself and one or more defendants without reference to the other defendants:

Provided always that the rights and interests of the other defendant or defendants shall not in any way be prejudiced thereby.

20 -20. Consolidation of actions for slander, etc.

Sections 17, 18 and 19 of this Act shall apply to actions for slander and to slander of title, slander of goods and other malicious falsehood as they apply to actions for libel and references in any such sections to the same or substantially the same libel shall be construed accordingly.

21 -21. Transitional provisions and saving.

(1) [Omitted] .

(2) Nothing in this Act shall affect the provisions of the Penal Code [Act 574] or any other written law relating to criminal offences or apply to any prosecution for any criminal offence.

22 -22. [Omitted].

[Omitted] .