KUALA LUMPUR: The New Straits Times Press (NSTP) has won a defamation suit filed by a Penang-based nasi kandar restaurant and its director.
The Federal Court presided by Chief Judge of Malaya Tan Sri Azahar Mohamed, found no merits in the motion put forth by the appellants had dismissed their motion for leave to appeal.
NSTP’s counsel Harjinder Kaur from Messrs Shahrizat Rashid & Lee confirmed this when contacted today.
NSTP was also awarded RM30,000 in costs.
“The words contained in the impugned publications are not defamatory of Theyagarajan and RNKI.
“The words contained are not capable of referring to Theyagarajan and RNKI and in fact do not refer to them despite the photograph being published in the publications,” he said.
Gunalan said the High Court judge failed to apply the correct reasonable man test based on the current development of society on the reading of news reported on social media such as Facebook.
He said the High Court also failed to consider the defences of justification, fair comment and qualified privilege relied upon by the NSTP.
NSTP had, on March 13, 2017, posted the three articles in question on its online publication, its Facebook and newspaper, the New Straits Times.
Theyagarajan and RNKI, represented by Dharmendra Kumar, had alleged that the articles were defamatory and commenced libel proceedings against NSTP. – NSTOnline
