Chua Chin Soon v Wong Yew Choong

Case Significance

Illustrates the assessment of damages for social-media defamation, taking into account the gravity and online amplification of a Facebook post, the defendant's lack of remorse, and ordering a published apology alongside a global award of general, aggravated and exemplary damages.

This High Court decision at Shah Alam concerns a claim in defamation arising from statements published on social media, and the assessment of damages for online libel. The plaintiff complained of a Facebook post and a message in a Telegram group chat, contending that these publications identified him and were defamatory of him. The defendant pleaded only a denial to the plaintiff's claim, and advanced a counterclaim in defamation of his own, based on the alleged publication of a letter of demand in the Telegram group; the plaintiff denied publishing that letter other than to the defendant. The Court applied the settled elements of a defamation claim, as stated in Ayob Saud v TS Sambanthamurthi, requiring the claimant to prove that the words were defamatory, that they referred to the claimant, and that they were published; it noted that neither party had pleaded any positive defence such as justification or qualified privilege to the claims made against them. On the plaintiff's claim, the Court was satisfied that the Facebook publication defamed him. In assessing compensatory damages it weighed the gravity, influence and effect of the Facebook post, the defendant's subsequent conduct and lack of remorse, the non-monetary benefits derived, and the amplification of the material's reach through online circulation. The Court ordered the defendant to publish a formal written statement recording the court's finding of defamation and an unconditional apology on his Facebook account and in the Telegram group, to pay the plaintiff a global award of general, aggravated and exemplary damages of RM200,000, together with interest at five per cent per annum from the date of judgment until full satisfaction, and to pay costs of RM10,000. The decision illustrates how courts assess damages for defamation amplified through social media. The Court's approach illustrates that publications on platforms such as Facebook and Telegram, which can be shared and re-shared widely, may aggravate the harm caused by a defamatory statement, and that a defendant's conduct after publication, including any refusal to retract or apologise, is relevant to the level of damages ultimately awarded.