PUTRAJAYA, March 1 ― Pahang Mentri Besar Datuk Seri Adnan Yaakob cannot proceed with his defamation suit against newspaper publisher Utusan Melayu (M) Bhd in his capacity as a public official, the Court of Appeal ruled today.
Utusan Melayu's lead counsel Datuk M. Reza Hassan said the court allowed the publisher's bid to strike out the defamation suit and ordered Adnan to pay RM3,000 in costs.
He confirmed that today's decision is considered a landmark ruling, which means media outfits are free to write critical reports against public officials if they do not include personal criticism.
“As far as we are aware, there are no similar cases locally,” Reza told reporters here after the decision by Datuk Rohana Yusuf, Tan Sri Idrus Harun, Datuk Mary Lim.
Azhar Arman Ali, another lawyer who represented Utusan Melayu, said their main argument revolved around a principle in the Derbyshire case in the UK.
“The principle in that case ― where a person who sues in the capacity of a public figure holding office, he should not be allowed to sue for defamation if the criticism is criticising his performance, carrying out of his duty,” he told reporters.
“The court agreed with us that following the Derbyshire principle and looking at the facts of this case, it seems that Datuk Seri Adnan is suing in his capacity as a public officer, public servant, so in that sense he does not have locus standi to bring an action for defamation if the criticism is against him,” he added.
Adnan's lawyer Americk Sidhu said he will seek instructions from his client on whether to file an appeal at the Federal Court.
Today's decision was over Utusan Melayu's appeal against the High Court's July 2015 dismissal of its bid to strike out Adnan's defamation suit.
Adnan filed a defamation lawsuit against Utusan Melayu on December 5, 2014, over an article published in its weekend paper Mingguan Malaysia on November 9 that year titled, “Hebat Sangatkah Adnan?” (Is Adnan so great?).
Among other things, Adnan reportedly claimed in his suit that the article, published under the Mingguan Malaysia column “Analisa Mingguan Bisik-Bisik Awang Selamat”, implied that he had failed in carrying out his duties and should not be mentri besar.
He also claimed the article had implied that he used his political position to abuse the media when it was critical of him, besides implying that he is a liability to his political party.
Adnan had sought general, aggravated and exemplary damages, an apology and an undertaking not to repeat the publication of such defamatory material.
