NURUL SHUHADA BINTI BASHIR v 1. ) SARA NURSHAZANA BINTI SHAHRUDIN 2. ) ROZIYANA BINTI RAMLI

ka-12b-10-05-2025 High Court (Mahkamah Tinggi) 22 November 2025 • KA-12B-10-05/2025 • 36 min read
17 cases cited (0 SG, 17 foreign)

Catchwords

TORT: Defamation – Libel – Social media publication (TikTok) – Allegation of sending pornographic videos (‘video ghairah’) and committing adultery (‘zina’) – Whether words imputed actual guilt or mere suspicion – Chase Levels – Whether imputation fell within Chase Level 1 – Defence of Justification – Respondent admitted video was not obscene – Whether defence of Justification sustainable – Defence of Fair Comment – Whether comment based on untrue facts serves as valid defence – Qualified Privilege – Reply to attack – Whether counter-allegations of immorality were disproportionate to the provocation – Whether malice established – Recklessness in publishing known falsehoods CIVIL PROCEDURE: Appeal – Appellate intervention – Findings of fact – Standard of review – ‘Plainly wrong’ test – Trial judge failed to appreciate fatal admission by Respondent – Whether appellate court can disturb findings on credibility where documentary evidence contradicts oral testimony CIVIL PROCEDURE: Pleadings – Counterclaim – Requirement to plead defamatory words ad verbatim – Failure to particularise impugned words – Whether counterclaim ought to be dismissed in limine DAMAGES: Quantum – Assessment – Global sum – Principles in awarding global sum for general and aggravated damages – Avoidance of double counting – Deterrence against cyber-bullying – Public policy considerations regarding social media toxicity

Practice Areas

TORT: Defamation

Judges (1)

John Lee Kien How @ Mohammad Johan Lee Delivered

Counsel (4)

Amir Hamzah Firm Asmaniza Abdullah & Co Firm Asmaniza Abdullah Counsel Respondent Rosman Azwan Counsel Appellant

Parties (3)

Nurul Shuhada binti Bashir Appellant Roziyana binti Ramli Respondent Sara Nurshazana binti Shahrudin Respondent

Case Significance

NURUL SHUHADA BINTI BASHIR v 1. ) SARA NURSHAZANA BINTI SHAHRUDIN 2. ) ROZIYA... is a High Court (Mahkamah Tinggi) decision dated November 22, 2025 (citation: ka-12b-10-05-2025). <p>The appellant sued for defamation after the respondents published TikTok videos alleging she was a 'wanita jalang', had committed zina, and sent obscene videos. The Sessions Court dismissed her claim and allowed the respondents' counterclaim with RM50,000 damages. On appeal, the High Court reversed the decision entirely, finding the defamatory statements fell within Chase Level 1 (imputing guilt), the justification defence failed as the respondent admitted the video was not obscene, and award The case was decided by John Lee Kien How @ Mohammad Johan Lee. Counsel appearing: Asmaniza Abdullah (counsel for respondent), Rosman Azwan (counsel for appellant).

Summary

The appellant sued for defamation after the respondents published TikTok videos alleging she was a 'wanita jalang', had committed zina, and sent obscene videos. The Sessions Court dismissed her claim and allowed the respondents' counterclaim with RM50,000 damages. On appeal, the High Court reversed the decision entirely, finding the defamatory statements fell within Chase Level 1 (imputing guilt), the justification defence failed as the respondent admitted the video was not obscene, and awarded the appellant RM200,000 in general and aggravated damages plus a mandatory public apology on TikTok.

What was the outcome of NURUL SHUHADA BINTI BASHIR v 1. ) SARA NURSHAZANA BINTI SHAHRUDIN 2. ) ROZIYA...?

<p>The appellant sued for defamation after the respondents published TikTok videos alleging she was a 'wanita jalang', had committed zina, and sent ob...

Statutes Cited

Rules of Court 2012

Cases Cited (17)

UK (3)
[2003] EWCA Civ 1772 [2013] 1 WLR 1911 [2014] 1 WLR 2600
MY (14)
[1976] 2 MLJ 214 [1980] 1 MLRH 393 [2012] 3 MLRH 124 [2016] 7 CLJ 73 [2017] 2 MLJ 629 [2017] 6 CLJ 129 [2019] 2 AMR 525 [2019] 3 CLJ 729 [2019] 3 MLJ 720 [2023] 7 MLJ 617 [2023] 9 CLJ 513 [2023] MLJU 1949 [2024] 3 CLJ 607 [2024] 4 MLRH 202