Defamation is defined as the publication of a statement that lowers a person's reputation in the eyes of others. There are two types: libel, which is a defamatory statement published in permanent form like writing or images; and slander, which is a defamatory oral statement. For a statement to be considered defamatory, the words must tend to make ordinary people avoid or shun the person. Some types of slander, like words imputing unchastity or damaging someone's professional reputation, are considered defamatory per se and do not require proving special damages. Defamation can also occur through innuendo, where words are not explicitly defamatory but take on a def

1. DEFAMATION
DEFINITION
The law of defamation is governed by
Defamation Act 1957.No definition
provided. Common law definition:
‘Defamation
is the publication of a statement
which reflect on a person`s reputation and
tends to lower him in the estimation of right-
thinking members of society generally or
tends to make them shun or avoid him. ‘
TYPES OF DEFAMATION
ELEMENTS OF DEFAMATION
WORDS MUST BE
DEFAMATORY
Mere words of abuse uttered
in anger in the heat of
moment cannot constituted
defamation.
C. Sivanathan v Abdullah
Natural and ordinary meaning
The words by themselves, as
understood by ordinary men of
ordinary intelligence must have
the tendency to make them
avoid the P.
Levis v Daily Telegraph Ltd.
Datuk Harris Salleh v Abdul
Jalil Ahmad
Ng Cheng Kiat v Overseas
Union Bank.
LIBEL
1.Libel consists of a
defamatory statement or
representation in permanent
form i.e. picture, statue, or
any writing ,print or sign
exposed to view.
(Usually libel is in writing or
printing)
2.Sec. 3 of DA –broadcasting
radio communication is
treated as publication in
permanent form.
3.Libel is actionable per se
,no need to proof of special
damage.
4.It is torts as well as crime –
s. 499 PC/500 PC
SLANDER
1.Slander consists of a defamatory
statement/representation conveyed by
spoken words or gestures.
2.Although Slander generally is not
actionable per se, (the P must show proof
of special damage).
But, there are certain cases where
Slander is considered as actionable per
seand no need to proof actual damage.
They are:
(i) s. 4 DA – words which imputes
unchastity or adultery to any women-
Luk Kai Lam v Sim Ai Leng
(ii) s. 5 DA -Words calculated to
disparage a person`s in any office,
profession, business
1.C. Sivanathan v Abdullah b. Dato` Hj
Abd. Rahman.
2.Wan Abd Rashid v S.
Sivasubramaniam
(iii) s. 6(1) (b) DA provides in an action for
slander of title, slander of goods or other
malicious falsehood, P does not have to
proof special damages.
Eg. A tells B that C is no longer
operating his coffee shop, the statement
may well deprive C of his business and C
now can sue A for slander w/out have to
prove special damages.
The words must have a
tendency to lower the P`s
reputation in the estimation of
right minded persons of the
society, so that P is avoided or
shunned or rediculed.
Syed Husin Ali v
Sykt.Percetakan Utusan
Melayu Bhd.
Words may be defamatory
in one of the following 3
ways:
INNUENDO
When words themselves in its
natural and ordinary meaning
is not a defamatory , but may
be defamatory when
combined with some special
facts known to readers of the
publication is known as
innuendo.
Tolley v JS Fry & Sons
False Innuendo
It arises where the P alleges that the
words, in their ordinary and natural
meaning, bear a particular meaning
which is discernible w/out the need for
additional evidence.
True or legal innuendo
It arises when the P has to
adduce additional evidence to
establish the meaning owhich
he alleges that the words should
be given.
Tolley v JS Fry & Sons Ltd.
Lewis v Daily Telegraph Ltd
Juxtaposition
If D places words, pictures or objects,
which by themselves are not defamatory,
side by side to noxious matter.The
juxtaposition to these noxious matter may
make
an innocent representation defamatory.
I.e. placing P`s photograph in a pile of
wanted criminals.
Monson v Tussauds Ltd.
*For both innuendo & Juxtaposition
intention/knowledge of D is immaterial.
Cassidy v Daily Mirror Newspapers.