Friday 29 Mar 2024
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KUALA LUMPUR (Feb 22): The High Court on Tuesday (Feb 22) dismissed Pasir Salak member of Parliament (MP) Datuk Seri Tajuddin Abdul Rahman's defamation suit against Shah Alam MP Khalid Abdul Samad, video portal KiniTV Sdn Bhd and New Straits Times Press (M) Bhd (NSTP).

Judicial Commissioner Datuk Seri Latifah Mohd Tahar, in her decision delivered via email, said the claim against all defendants was dismissed with no order as to cost as this was a matter of public interest.

"The court would like to stress that the first defendant's (Khalid) comments followed [the] plaintiff’s (Tajuddin) outrageous behaviour by using unparliamentary statements against Seputeh MP (Teresa Kok) during the Parliamentary proceedings," Latifah said in her judgement.

She also noted that both NSTP and KiniTV were merely reporting the facts, and fulfilling their duties in the interest of the public.

In February 2017, Tajuddin sued Khalid over comments made in a series of press conferences against the former after a dispute between the two MPs during a Dewan Rakyat proceeding in 2016.

During the said proceeding, Tajuddin had referred to Kok in Parliament as "the only woman with a Kok", which prompted Khalid to respond by calling Tajuddin "sial" (cursed).

Tajuddin, who is also former deputy minister of agriculture and agro-based industry, claimed that the statements made were defamatory as it insinuated that he was not a good Muslim, condemned to hell, morally decrepit, and unfit to be an MP and deputy minister.

He also sued NSTP for carrying the comments, as well as KiniTV for publishing a recording of Khalid's press conference.

On what had transpired in the Dewan, Latifah ruled that Tajuddin's comments against Kok in Parliament were vulgar and were uttered without provocation and had nothing to do with the ongoing debate at that time.

She said that Tajuddin's rationale that he was merely referring to the Seputeh MP's family name was not founded, given the entire context of the matter. 

Elaborating on this further, she cited Khalid's testimony that MPs are usually referred to by the names of their constituency and not their personal names.

This was an act of provocation by Tajuddin, she said, adding Khalid's use of the words "sial" (cursed) was in reaction to this and therefore not defamatory.

She elaborated that the exchange within the Dewan had become a matter of public interest as the proceedings were broadcasted on the screens in the Parliament gallery — which were also streamed online — for public consumption. She added that news of the incident had spread even before Khalid's statements to the press.  

NSTP, KiniTV coverage fair, in public interest

Latifah ruled that both Khalid and NSTP had "reasonable justification" to make the statements and publish the said statements respectively. The court was satisfied that Khalid meant no malice in his first press conference held on Nov 21, 2016.  

NSTP, she ruled, merely reported the matter fairly and bona fide, without any intention to defame.  

"There is reasonable justification for the report and the report was fair comment in the public interest," she said, adding that NSTP was merely fulfilling its duties.

Following his first press conference, Khalid was attacked by a few people — including Tajuddin's son — on the grounds of the Parliament. Khalid then held another press conference on Nov 24, 2016 to address the matter. Latifah added that comments made in his second press conference were fair and based on accurate facts.

She said she agreed with KiniTV's justification for publishing the videos of the said press conference, which was with fair intent and without siding with any parties.

"The third defendant's (KiniTV) coverage was neutral and it is the professional, journalistic responsibility to report the news in a neutral and fair manner especially when it concerns public interest. They are protected under qualified privilege" she ruled.  

Edited ByPauline Ng
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