KUALA LUMPUR, Aug 6 ― Prime Minister Datuk Seri Najib Razak failed today to strike out the defence of Harakahdaily in his defamation suit against the PAS portal over an article related to the 1Malaysia Development Berhad (1MDB), according to his lawyer.

Najib's lawyer Datuk Mohd Hafarizam Wan Harun said the judge dismissed his client's bid and ruled that Harakahdaily's defence of qualified privilege and fair comment should be decided during trial.

This means that Najib's lawsuit against Harakahdaily will go on, with the hearing before High Court judge Datuk Hue Siew Kheng to start from October 7, he said.

“I'll be advising my client to file an appeal in light of this decision because we have brought up a new argument, that only newspapers can avail itself of qualified privilege and not online publications.

“Because under the Defamation Act, qualified privilege is only for newspapers which is printed, rather than online publication,” he told reporters after the decision was delivered in chambers.

Previously Faiz Fadzil, one of the lawyers representing Harakahdaily, told reporters that the qualified privilege defence also extends to the online portal and is applicable to everyone in defamation suits.

“Because we have a legal duty and social duty now to disclose the issue of interest to the public. 1MDB now is public interest,” he had then said, noting this was because the state-owned firm involves “public funds” and would be a public interest matter that citizens have a right to comment on.

In the defamation suit filed on March 18, Najib named Harakahdaily’s chief editor Taufek Yahya and managing director Dr Rosli Yaakob as respondents over the portal’s article linking Najib’s stepson to strategic fund 1Malaysia Development Bhd (1MDB).

The Harakah article titled “Dana 1MDB biayai syarikat filem Riza Aziz?” (“1MDB funds used to finance Riza Aziz’s film company?”) had questioned the source of the prime minister’s stepson to finance his company, Red Granite Production’s 2013 film “The Wolf of Wall Street”, and had alluded to a connection between 1MDB funds and the said film.

According to the statement of claim, Najib said the article contained words which referred to him with malicious intent that he had abused the fund belonging to 1MDB.

The suit is the prime minister’s second legal challenge against an online publication.