The defence of qualified privilege in defamation / Wan Azman Wan Abdullah

• Main Author: Wan Abdullah, Wan Azman
• Format: Student Project
• Language: English
• Published: 1987
• Subjects: Torts
• Online Access: https://ir.uitm.edu.my/id/eprint/60386/1/60386.pdf; https://ir.uitm.edu.my/id/eprint/60386/

In Malaysia, the Law of Defamation is codified in Defamation Ordinance 1907. The English Common Law is part of our sources of 2 Law by virtue Section 3 and Section 5 of the Civil Law Act 1956. However, the application of the Law of England throughout Malaysia is subject to two limitations. Firstly, it is applied only in the absence of local statutes on the particular subjects. Local law takes precedence over English law as the latter is meant only to fill the gaps in the local system. Secondly, only that part of the English Law that is suited to local circumstances will be applied. A statement which disparages a man in his reputation in relation to his office, profession, calling, trade or business may be defamatory. Injurious statements which do not reflect on a person's reputation are not defamatory but may be actionable if made maliciously.