SEEMA ELIZABETH ISOY v TAN SRI DAVID CHIU TAT-CHEONG
Catchwords
The effect of a half-truth statement in defamation law in Malaysia. Whether Malaysian Courts are jurisdictionally competent to rely on foreign common law in relation to the doctrine of ‘half-truth’ in deciding whether a statement is defamatory or otherwise. Would the provisions of Section 8 & Section 9 of the Defamation Act 1957 sufficiently provides a basis for the defence of justification and fair comment in a situation where the impugned statement is ‘substantially true’? Would a ‘substantially true’ statement mentioning criminal charges as having been instituted against a plaintiff in a defamation suit be protected by the provisions of section 8 and 9 of the Defamation Act 1957 despite the absence of a mention that the plaintiff was eventually acquitted of those charges?
Practice Areas
The effect of a half-truth statement in defamation law in Malaysia. Whether Malaysian Courts are jurisdictionally competent to rely on foreign common law in relation to the doctrine of ‘half-truth’ in deciding whether a statement is defamatory or otherwise. Would the provisions of Section 8 & Section 9 of the Defamation Act 1957 sufficiently provides a basis for the defence of justification and fair comment in a situation where the impugned statement is ‘substantially true’? Would a ‘substantially true’ statement mentioning criminal charges as having been instituted against a plaintiff in a defamation suit be protected by the provisions of section 8 and 9 of the Defamation Act 1957 despite the absence of a mention that the plaintiff was eventually acquitted of those charges?
Judges (3)
Case Significance
SEEMA ELIZABETH ISOY v TAN SRI DAVID CHIU TAT-CHEONG is a Federal Court (Mahkamah Persekutuan) decision dated January 22, 2024 (citation: 02f-54-09-2023w). The panel comprised Harmindar Singh Dhaliwal, Hasnah binti Dato' Mohammed Hashim and Nordin bin Hassan, with Hasnah binti Dato' Mohammed Hashim delivering the judgment.
Key issues: The effect of a half-truth statement in defamation law in Malaysia..
What was the outcome of SEEMA ELIZABETH ISOY v TAN SRI DAVID CHIU TAT-CHEONG?
SEEMA ELIZABETH ISOY v TAN SRI DAVID CHIU TAT-CHEONG is a Federal Court decision dated January 22, 2024. The case was heard by Harmindar Singh Dhaliwal. See the full judgment for details.