BATU PAHAT: A motorcycle trader has been ordered to pay RM80,000 in damages and issue a public apology after a Sessions Court ruled that a viral TikTok live broadcast defamed a Puspakom inspection officer.
Ahnaf Azfarrizi Ahmad Rizaludin, a Puspakom officer, had sued Mohammad Robbani Mohd Azaman, who operates Bani Motorpart, claiming he was defamed during a livestream in December 2024.
Sessions Court judge Osman Affendi Mohd Shalleh ruled yesterday (April 22) that the defendant's statements met the legal threshold for defamation, as they were published, referred to the plaintiff and carried defamatory meaning.
The dispute stemmed from a Dec 9, 2024 TikTok live session on the account "@banimotor.official", shortly after the plaintiff's motorcycle inspection was rejected due to suspected tampering with the chassis number.
During the livestream, the trader expressed his frustration, but the court found that his remarks had crossed into defamatory territory.
Evidence showed the session attracted about 1,600 viewers and included the plaintiff's image, which was displayed during the broadcast and used to identify him.
The court also noted that the defendant had issued a written apology shortly after the incident, acknowledging that his remarks were improper.
In his judgment, the judge said the statements would lead right-thinking members of society to conclude that the plaintiff lacked integrity, could be influenced by corruption, was incompetent and acted with bias in carrying out inspections.
"The words would tend to lower the plaintiff in the estimation of society," the court said, reaffirming established principles of defamation law.
The court dismissed the defendant's reliance on the defences of fair comment and qualified privilege, finding that he had failed to show the remarks were made without malice or within the bounds of public interest.
Although the plaintiff had sought RM650,000 in damages, the court awarded RM80,000 in general damages, taking into account the plaintiff's role as a frontline officer and the wide reach of the social media platform.
"The statements were made on a live platform, accessible and capable of being widely shared. Once uttered, they cannot simply be retracted," the judge said.
The court declined to award aggravated and exemplary damages, citing insufficient justification.
The defendant was also ordered to issue an unconditional public apology within 14 days via his TikTok account, with the wording to be approved by the plaintiff.
Interest at five per cent per annum on the judgment sum, along with costs, was also awarded.
Lawyer Gan Hsien Yang, who represented the Puspakom officer, welcomed the ruling.
"Our client, a Puspakom officer, relies on public trust, integrity and confidence in the discharge of his duties. We are grateful the court found in his favour," he said.
The case highlights the legal risks of social media outbursts, where online remarks can quickly escalate into costly litigation, with the court noting: "Terlajak perahu boleh diundur, terlajak kata buruk padahnya." - NST
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