Court of Appeal slashes the High Court’s RM2.5 million award, saying general damages are meant to be compensatory, not to enrich.
Last year, the High Court ordered Rasyiq to pay Khairy RM2 million in general damages, together with RM250,000 each in aggravated and exemplary damages.
In a unanimous decision, a three-member bench chaired by Justice Zaini Mazlan cut the general damages to RM500,000 and exemplary damages to RM80,000, while maintaining the RM250,000 aggravated damages award.
The bench also upheld the trial judge’s ruling that Rasyiq pay Khairy interest at 5% per annum on the judgment sum calculated from the date of judgment until full settlement.
Khairy, represented by lawyer Abdul Rashid Ismail, was also awarded RM50,000 in costs.
He said Rasyiq’s statements implied dishonesty, deception and falsification of vaccination records by Khairy.
“We also recognise that there were eight distinct publications, and actionable on its own. We are of the view that the respondent (Khairy) is entitled to damages for each publication,” he said in his broad grounds of judgment.
However, Zaini said certain factors must be carefully weighed when assessing the quantum of damages.
He said general damages in defamation are intended to compensate, not to enrich.
“There was a period when our courts awarded damages amounting to millions in successful defamation cases. That era has ended and we do not wish to see it return,” he said.
He said the total award of RM2 million for general damages was not in line with prevailing judicial trends.
On aggravated damages, Zaini said Khairy was the health minister at a time when the world was facing a severe pandemic, namely Covid-19, in 2021.
“The appellant’s libel not only damaged the respondent’s reputation but could also have impacted the public, as his libellous postings might have discouraged some from receiving the vaccine,” he said.
Zaini said the bench also noted that Rasyiq, represented by Lejerod Limpuong, was recalcitrant as his alleged apologies bordered on cynicism.
“On that basis, we agree and maintain the aggravated damages of RM250,000 awarded to Khairy,” he said.
Zaini said exemplary damages are punitive in nature and will be awarded only in rare and exceptional cases.
They are justified only when the evidence demonstrates that the wrongful conduct was intended for a material benefit, financial advantage, economic benefit or profit, he said.
Zaini said the bench took judicial notice that the landscape of defamation has fundamentally transformed with the rise of social media.
“Platforms such as Instagram and Facebook are no longer merely spaces for casual expression. They are powerful tools capable of instant and widespread dissemination.
“People are increasingly using these platforms to develop personal brands, attract followers, and boost their online influence,” he added.
Zaini said Rasyiq, who held himself out as a religious preacher, is therefore subjected to a higher standard of care and responsibility when making public statements.
“It is precisely because of this elevated trust that the appellant (Rasyiq) bore a greater, not lesser, duty to verify the accuracy of his statements before disseminating them to others,” he said.
Zaini said by choosing to publish unverified, false and defamatory allegations about Khairy, Rasyiq had abused his position of moral authority and exploited the trust and deference that society reposes in religious figures.
Khairy filed the lawsuit against Rasyiq in 2022 for alleging that he had “lied” about his vaccination status.
The hearing in the High Court proceeded without Rasyiq’s presence, although Khairy’s lawyers had notified the preacher of the hearing dates. - FMT
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