By Dayakdaily Team
KUCHING, July 3: Democratic Action Party (DAP) Sarawak chairman Chong Chieng Jen has expressed regret over the Court of Appeal’s decision in the long-running “Black Hole” defamation case, arguing governments should not have the right to sue citizens for defamation and indicating that he is considering an appeal to the apex court.
Chong described the ruling as another Malaysian court decision affirming the legal position that a government may sue a citizen for defamation, a stance he noted differs from the approach taken in several other Commonwealth jurisdictions.
“The rationale that a government cannot sue a citizen for defamation rests mainly upon the fundamental principle that a government is always subject to criticisms and has all the means and resources to clear its name against any defamatory comment.
“Furthermore, the government’s legal rights to sue in defamation will curtail the citizens’ rights to freedom of speech,” he said in a statement today.
He argued that apex courts in countries such as England, Canada and Australia have generally held that governments should not have legal standing to sue individuals for defamation, on the basis that public authorities must remain open to scrutiny and criticism.
“There are also a few judges in our courts who subscribe to that principle of law,” he added.
Chong further pointed out that the Federal Court of Malaysia has previously settled that political parties do not have a cause of action to sue for defamation.
“Governments in Malaysia are formed by political party having majority representatives in the Federal Parliament or State Legislative Assembly. That being the case, it is hard to understand the rationale for the legal standing of a state government to sue for defamation,” he said.
Chong added that the current Sarawak administration is politically different from the Barisan Nasional-era government that initiated the case in 2013, adding another layer of complexity to the dispute.
“In principle, I am of the view that government should not have a right to sue for defamation. The public acts of public bodies or public men are certainly matters of public interest and are therefore subject to criticism or even hostile comment,” he said.
Chong added that he is now contemplating a further appeal to the Federal Court, the apex court in Malaysia, but said the decision will depend on the advice of his legal counsel.
“I acknowledge that it has been a long-drawn 13-year legal battle and has been exhausting on both my lawyers and I in terms of time, energy, and resources,” he said.
He also extended his appreciation to his lawyers for their efforts throughout the proceedings, naming Chong Siew Chiang, Michael Kong Fern Nian, Branda Chong Yan Ni, Sharon Lo Min Hui and Chong Hong Hien.
The Court of Appeal had this morning affirmed the High Court’s ruling in favour of the Sarawak government in the defamation suit against Chong, while also increasing the total damages and costs imposed.
The appellate court not only upheld the earlier decision but raised the damages to RM300,000, and further ordered Chong to pay RM150,000 in costs for the Court of Appeal proceedings, in addition to RM50,000 in High Court costs.
In total, the Court of Appeal has ordered a sum of RM500,000 to be paid by Chong to the Sarawak government. — DayakDaily
