How often do we see people misuse a claim of “saman malu” in a plan to intimidate others? The question is, does it really exist? While most people think it is accurate to use such a claim, we are here to provide some clarity on the misconceptions surrounding ‘saman malu’.
As a start, the correct cause of action that all readers shall keep in mind is saman “fitnah” or in english, a “defamation” suit. In Malaysia, Defamation is governed by the Defamation Act 1957. If you think someone had defamed you, you may want to understand these basic elements before commencing legal proceedings: –
a) That the statements are defamatory;b) That the statements must refer to the Plaintiff; and
c) That the statements must have been published.
The statements are defamatory
The proper approach in determining whether the words are capable to carry a defamatory meaning is as below: –
“to consider the meaning such words would convey to ordinary reasonable persons using their general knowledge and common sense; it is not confined to strict literal meaning of the words but extends to any references or implication from which persons can reasonably draw” (Tun Datuk Patinggi Haji Abdul Rahman Ya’kub v. Bre Sdn Bhd & Ors [1995] 4 MLRH 877)
Some examples of defamatory words or phrases (In BM/Eng): –
“This person is a scammer”
“Lelaki ini telah cuba untuk menipu saya”
“Perempuan ini telah cuba merampas suami saya”
Basically, it means any phrases that cast a bad perception of third parties towards you. The court in determining this element will assess the extent of truthfulness of the words / statements.
What if the defamatory statement was made orally?
Illustration: In a public space, someone suddenly comes up to you and call you a liar / cheat / scammer where hundreds of people could hear and witness the incident. As a result of this, you face difficulty in finding a job as the incident was also circulated all over social media.
Though there were no defamatory statements published by the maker of the statement, this type of defamation can be brought to court provided that actual damage or special damage can be proven.
Be that as it may, the law gives right to these type of slander to be actionable without proving special damages: –
a) Slander of woman;
b) Slander affecting official, professional, or business reputation; and
c) Slander of title or goods.
Disclaimer: This article is for informational purposes only and does not constitute any legal advice. If you have any questions or require further information on this matter, please do not hesitate to contact us directly.