Law of Torts - Defamation (Cont.)


'The publication for a statement which reflects on a person's reputation and tends to lower him in the estimation of the right thinking members of society generally or tends to make them hun or avoid him'

Defamatory statements Libel : Defamation in a permanent form usually visible to the eye

Section 3 of Defamation Act : broadcasting treated as perm, form

Section 2 of Defamation Act : 'words' include pictures, visual Images, gesture & other methods of signifying meaning.

Actionable per se

Slander: is defamation in temporary form.

Generally: Not actionable per se. Slander is difficult to prove unlike libel.


(1) Defamatory words

(2) Reference to pt

(3) Publication


1. Imputations of the unchaste of a woman

Section 4 of Defamation Act

LUK KAI LAM - Resp called app a prostitute & her •Charges were RM 50; allegations made in front of 3rd party.

2. Imputations of unfitness in any office, profession

Section 5 of Defamation Act

LUK KAI LAM - Pt was a nurse. Action was brought under Section 4 and 5 of Defamation Act. Court held that Section 5 of Defamation Act doesn't apply.

WAN A RASHID v SUBRAMANIAM - Df lawyer said to pt registrar 'corrupted fellow' 'corrupted buggers'

3. Imputation to title, goods: (defamation of another's goods/services)

Sestion 6 of Defamation Act

4. Imputation of disease (infectious/contagious) Imputation of serious crime that attract capital punishment.

SIVANANTHAM v ABD - Df called pt a cheat dishonest, liar

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