Wan Junaidi
KUCHING: It does not matter if anyone has read them – defamatory remarks are considered published if they appear in mediums of publication like Facebook, WhatsApp, Twitter or SMS, said Dato Sri Wan Junaidi Tuanku Jaafar.
The Santubong MP and lawyer said this when asked if all ingredients of defamation are met when offending remarks are published in modern media, in light of the latest case involving State PKR secretary Vernon Kedit calling Deputy Chief Minister Datuk Amar Douglas Uggah a “traitor” and “liar” in a WhatsApp chat group.
Wan Junaidi said the law on defamation has always been there and it has not changed very much since.
“It matters very little whether anyone reads it, as long as it is published through social media or conventional mediums like the newspaper. As long as he defames others, his case is actionable for libel or slander, as the case may be.
“Any medium from your mouth to a typewriter is publication. What more to say through social media like Facebook, WhatsApp and SMS,” he added.
When asked if the matter is arguable or the law on it was settled, Wan Junaidi said the law evolves and is based on common law.
“The method of publication or publishing evolves over time and the laws follows the the development of technology. Law is not static. I quote my jurisprudence professor: Law is a living science or art.
“People were more careful in the past, but now with the social media mentality, people think that they can hide behind anonymity,” he lamented while pointing out that breach of the law remained the same in both eras.
“One cannot just say what one pleases, making false allegations and using defamatory words. One must be accountable to the law.”
“We are still quite lucky, that our court is unlike the US courts which impose high damages and cost. But the time will come when the court might use its discretion to award punitive and exemplary damages for public good,” Wan Junaidi said.
On Tuesday, the High Court ruled in favour of Uggah by awarding him RM200,000 in damages which Vernon is liable to pay on top of the legal costs of RM40,000.