TORT LAW – DEFAMATION – POLITICIANS – PARLIAMENTARY PRIVILEGES – IMMUNITY FROM PROSECUTION

Defamation

  • Publication of a statement that lowers the reputation of another person.

Types of Defamation

  • Libel – Defamatory statement in a permanent form (e.g. articles, Facebook posts, WhatsApp messages).
  • Slander – Defamatory statement in a temporary form (e.g. spoken words).

 Can a politician be sued for defamation in the Parliament?
No.

  • A defamation suit is not possible against a politician for words spoken in the House of Parliament.

Why can’t a politician be sued?

  • To enable Parliament to perform their functions effectively and without interference from anyone outside of Parliament, the Constitution confers certain rights and legal immunities under “Parliamentary Privileges” Members of Parliament (“MP”).
  • In other words, it is to safeguard the freedom, the authority and the dignity of Parliament.

Is this governed by any Malaysia law?
Yes.

  • Article 63(2) and 63(3) of the Federal Constitution – No person shall be liable to any proceedings in court for anything said or published by them in either Houses of Parliament.
  • Section 7 of the Houses of Parliament (Privileges and Powers) Act 1952 – Immunity of members from civil or criminal proceedings.
  • Generally speaking, MP enjoys complete freedom of expression in the House and in the committees of the House.

 What are the actions that can actually be taken against the politician?

  • Each House has power to discipline its own members.
  • Each House can penalize its members for breaches of the privileges or contempt of that House.
  • If a politician is accused of abusing his freedom of speech or of committing contempt of the House, he may be investigated, tried and either convicted or acquitted by the House itself.

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法律资讯

INDUSTRIAL LAW – NAVIGATING THE LEGALITIES OF RETRENCHMENT

26 3 月 ,2024

The dismissal of X by Company ABC, citing economic downturns, presents a compelling case on the complexities of employment termination and retrenchment legality. X contested his redundancy, claiming his role in property management and services was unaffected by the property development market’s challenges. This case probes into the legitimacy of retrenchment under economic duress and the employer’s duty to act in good faith, as guided by Section 20(3) of the Industrial Relations Act 1967. The burden rests on Company ABC to prove the necessity and genuineness of X’s redundancy, with failure to do so possibly leading to a verdict of unjustified termination. This scenario underscores the critical importance of evidence and intention in retrenchment cases, as reflected in precedents like Akilan a/l Subramanian v. Prima Awam (M) Sdn Bhd.

Read More »

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In the realm of Malaysian property transactions, the intricacies of Sale and Purchase Agreements (SPAs) and the enforcement of Liquidated Ascertained Damages (LAD) play pivotal roles in safeguarding the interests of both developers and purchasers. This article delves into the legal framework governing the rights and obligations of parties involved in property transactions, particularly focusing on the consequences of contractual breaches and the conditions under which a purchaser can exercise the right to offset against LAD. Through the examination of relevant case law and statutory provisions, we illuminate the legal pathways available for resolving disputes arising from the failure to adhere to the terms of SPAs, thereby offering insights into the equitable administration of justice in the context of Malaysian property law.

Read More »

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