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Case Update: Federal Court rules political parties cannot sue individuals for defamation

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17 May 2022

DEFAMATION LAW
Public Officer – Malaysia Chinese Association – Defamatory Statement – Press Conference – Striking Out

Lim Lip Eng v Ong Ka Chuan (as a public officer of a society registered as Malaysian Chinese Association)
[2022] 1 LNS 763 | Federal Court
- see the grounds of judgment here

Facts Lim Lip Eng (“Appellant”) was at the material time a Member of Parliament for Segambut Constituency. Ong Ka Chuan (“Respondent”) is a public officer of a society registered as Malaysia Chinese Association (MCA). MCA is a political society and a component party to the then ruling Federal Government of Malaysia. In July 2017, the Respondent, on behalf of MCA, filed a defamation suit in his capacity as a public officer against the Appellant over remarks made at a press conference at the Parliament building in 2016 over allegations that the party had used government funds allocated for Chinese vernacular schools. The Respondent claimed that the Appellant’s remarks seriously injured MCA’s reputation, adding that the party was seeking RM100 million in general and exemplary damages. The High Court rejected the Appellant’s application to strike out the suit, and he lost his appeal at the Court of Appeal. Hence this appeal.

Issue 1. Whether a political party can maintain a suit for defamation in light of the decision in Goldsmith v Bhoyrul, an English case law which provided that political parties cannot be claimants in defamation suits.

Held In allowing the Appellant’s appeal, the Federal Court set aside the decisions of the High Court and the Court of Appeal which had dismissed the Appellant’s application to strike out the suit. The Federal Court ruled that political parties cannot sue individuals for defamation. The Federal Court was of the view that this approach strikes the right balance as any official within the political party who is sufficiently identified in a publication is entitled to sue for defamation.  Further, it is fair to say that a political party with all its resources is well placed to counter any unflattering comments against it. A political party relies on the public to get their votes to be in power. The political party puts itself forward for office or to govern and be responsible for public administration. It is not right nor is it in the public interest to put the public in fear of a defamation suit and prevent them from expressing their views or making criticisms or voicing out opinion. The Federal Court held that to allow this to happen definitely goes against the true value of democracy. The individual members of the political party retain a right to sue, if they can prove such injury, but insofar as the respondent political party who is the real plaintiff is concerned, it can always “answer back through public announcements”, press conferences or press statements or such similar social media. Therefore, there was no cause of action to maintain the present alleged defamation suit against the appellant. The appeal was allowed with no order as to costs.

Zul Rafique & Partners
{17 May 2022}

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