Public official has no locus standi to sue media

The High Court had dismissed Utusan Melayu Bhd's bid last year to strike out the lawsuit by Pahang Menteri Besar Adnan Yaakob over an article published in November 2014.

PUTRAJAYA: The Court of Appeal has ruled that public figures cannot sue media companies for defamation in their official capacity.

Justice Rohana Yusof, along with Justices Idrus Harun and Mary Lim, unanimously ruled that Pahang Menteri Besar Adnan Yaacob cannot bring the lawsuit in his position as the state leader. “He has no locus standi to bring the lawsuit.”

She was agreeing with Utusan’s lawyers, M. Reza Hassan and Azhar Arman Ali’s submissions, on a case in Derbyshire where the English court ruled that public figures cannot sue because of criticism against them as office bearers. “It’s an obvious case for striking out,” said Justice Rohana.

Previously, on July 23 last year, the High Court had dismissed Utusan Melayu Bhd’s bid to strike out the lawsuit taken by Adnan, over an article entitled “Hebat Sangatkah Adnan” that was published in November 2014.

The appeals court panel also ordered Adnan to pay the publication RM3,000 as cost.

Americk Sidhu represented Adnan.

Reza said this ruling means that public figures especially politicians cannot sue media companies for criticizing their actions in office.

On December 8, 2014 Adnan filed a suit against Utusan over an article where he alleged the newspaper had portrayed him as a person unsuitable as Menteri Besar, failed in his responsibilities and was pretentious.

He added that the article had tarnished his reputation and brought him shame.