Defamation Case: No Malay Translation Needed

The Court of Appeal has determined that defamation lawsuits filed in English do not require a Bahasa Melayu translation to be valid. Justice Faizah Jamaludin stated that while Bahasa Melayu is the national language, the absence of translation is not fatal if the original English words are exact, understood, and cause no prejudice.

This ruling clarifies a previous court decision, emphasizing that the key issue is whether the omission of translation prejudiced the opposing party or hindered justice. In this specific case, the defendants understood the defamatory words, did not object to the lack of translation, and defended the claim on its merits.

The judgment stems from a defamation appeal by former Tune Talk CEO Jason Lo. While dismissing the defendants' appeal on liability, the court increased Lo's damages from RM200,000 to RM300,000.

The case involved articles published in May 2019 regarding allegations against Lo. Although not named, Lo argued he was identifiable. The reports detailed allegations of death threats, trespass, and sexual abuse, which Lo denied, noting that police investigations led to a 'no further action' outcome.

Additionally, the Court of Appeal upheld the refusal to compel an apology, asserting it must be voluntary. However, it ordered a retraction of the articles to correct the public record and further vindicate Lo's reputation. Another judge concurred, stressing the importance of informing the defendant of the case and preventing prejudice.