Harmindar Singh Dhaliwal FCJ (Majority):

Introduction

[1] There are two appeals before us. The core issue in the appeals is whether an individual who holds political office or is a government official is disentitled from bringing an action in defamation in his official capacity. The appeals arose pursuant to the granting of leave on the following question:

"Does the decision of the Federal Court in Chong Chieng Jen v. Government Of State Of Sarawak & Anor, 2020 MarsdenLR 2128 allow a Government Official to sue for defamation in his or her official capacity bearing in mind the decision in Derbyshire County Council v. Times Newspaper Ltd & Ors [1993] 1 All ER 1011, not being applicable under Malaysian law?"

[2] Underpinning the core issue in the appeals, as is usually the case, is the obvious tension between the competing interests of freedom of expression and the protection of a persons reputation. We may all have heard of the saying: "sticks and stones may break my bones but words can never hurt me". But that seems a little antiquated today and will not find endorsement in the law of defamation. And rightly so. Words or speech can have extremes of being useful when they are upl