Public officials cannot sue media for defamation when criticised in their official capacity

PUTRAJAYA: Public officials must be open to public criticism and hence should be precluded from suing the media for defamation in their official capacity, the Court of Appeal ruled.
In a 31-page judgment by the Court of Appeal, Tan Sri Idrus Harun held that Datuk Seri Adnan Yaakob (pix) , as Pahang Mentri Besar and an elected representative did not have the locus standi to sue Utusan Melayu(M) Bhd for defamation in his official capacity over an article published by the media company.
He said the administration of the state under Adnan's stewardship must accept and should be open to uninhibited public criticisms, comments or discussions as he was performing a public duty which affected the public at large.
"In a free and democratic society, it is contrary to public interest to permit those who held office in government or are responsible for public administration to sue in defamation because that would place an undesirable fetter on freedom of speech," Idrus held.
He said there were sufficient legal mechanism and avenue to protect Adnan from a series of onslaughts on his reputation through malicious statements or falsehoods relating to his official performance.
Justice Idrus said Adnan could defend himself by public utterances, explanations or rebuttal and in debate in the legislative body and could respond to such article through press conferences.
"As a responsible mainstream media organisation, practising its own media ethics with specific ethical principles and media standards, it would be the appellant (Utusan Melayu)'s duty to publish this reaction or response so that the public can have access to a balanced and fair reporting," he said in his judgment released on June 1.
On March 1 this year, a three-man bench presided by Justice Datuk Rohana Yusuf, Idrus and Datuk Mary Lim allowed Utusan Melayu's appeal to strike out the defamation suit filed by Adnan against the company over publication of an article in Mingguan Malaysia under the headline, Hebat Sangatkah Adnan on Nov 9, last year.
Utusan Melayu appealed after losing its bid to have the lawsuit struck out by the High Court on July 23, last year.
Idrus said the contents of the article was about Adnan as the Pahang Mentri Besar, not as a person.
The judge said the published criticism was merely on Adnan's administration, directed at him in his official capacity.
He said a person, who by speech or writing seeks to calumniate any public authority or officials with false statements, could be dealt with under the Sedition Act 1948, the Penal Code, the Printing and Presses Publication Act 1984 and Communications and Multimedia Act 1998.
It was the court's view that instituting criminal prosecutions for offences under those laws was a more appropriate recourse to thwart malicious defamatory publications, said Idrus.
He said public officials could commence defamation suits in their personal capacity where defamatory words or publication spitefully smeared their personal reputation or good name. — Bernama