NSTP, former journalist ordered to pay RM200,000 each to Guan Eng, DCM
Published on: Wednesday, September 07, 2016
Putra Jaya: The Court of Appeal here Tuesday ordered the New Straits Times Press (Malaysia) Bhd (NSTP) and its former journalist to pay Penang Chief Minister Lim Guan Eng and Deputy Chief Minister II Dr. P. Ramasamy damages of RM200,000 each for defamation.A three-man bench chaired by Justice Datuk Lim Yee Lan unanimously allowed the appeal brought by Guan Eng and Dr Ramasamy to set aside a High Court decision.They were appealing against the George Town High Court's decision in November last year which dismissed the defamation suit they filed against the English daily and Predeep Nambiar over an article titled "Indian-interest group claims thugs interrupted meeting" published on its website on Dec 4, 2013.
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Justice Lim said judgment had been entered against NSTP and Predeep as the words used in the article had exposed Guan Eng and Dr Ramasamy to ridicule, hatred or contempt.She said the article would have been read by many and therefore element of publication of the article has been proven.She said considering the facts and circumstances of the case, there was no urgency to publish the article and that it was a necessity for the newspaper to get a response and verification from Guan Eng and Dr Ramasamy over the allegations against them before the article was published. Justice Lim said the court found that the article was not a piece of responsible journalism for the respondents to be entitled to defence of qualified privilege.
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She said the High Court decision cannot be sustained which required the appellate court's intervention. The panel which also included Justices Datuk Dr Badariah Sahamid and Datuk Harmindar Singh Dhaliwal awarded RM50,000 in legal costs to Guan Eng and Dr Ramasamy.
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