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Tuesday, November 30, 2021

Ain, father sued for defamation over lewd joke claim


A defamation suit has been filed against Form 5 student Ain Husniza Saiful Nizam (above) who previously posted a TikTok video alleging rape jokes being made during a class session.

Through a Twitter posting this afternoon, her father Saiful Nizam Ab Wahab revealed the writ of summons which named him and her as the two defendants.

The online posting enclosed a picture of father-daughter as well as a closeup of the cause papers, which named the plaintiff as teacher Khairul Nizam Sanuddin and listed the teen and her father as first and second defendants respectively.

The front page of the court filing also showed it was filed at the Shah Alam Sessions Court on Nov 26.

“We have received the writ of summons for defamation (suit) and the statement of claim from Khairul Nizam Sanuddin (a teacher at PJPK SMK Puncak Alam) which was filed at the Shah Alam Court on Nov 26, 2021,” Saiful Nizam said in the post.

On Aug 4, it was reported that the teen and her father received a letter of demand from a male teacher for purportedly defaming him.

The teen and both her parents were named as respondents in the letter, which demanded, among others, an apology and monetary compensation of RM1 million, with failure to fulfil the demands would result in further legal action.

On April 24, Ain posted a video on TikTok where she claimed a male teacher had made jokes about rape during a physical and health education class, prompting widespread outrage on social media.

This allegedly included telling the boys in class that if they commit rape, they should target those above 18.

Since going public with her story, Ain has gained supporters but also suffered criticisms and threats, including a rape threat from a classmate, who later apologised for his remark.

According to a copy of the statement of claim, plaintiff Khairul Nizam is suing over three TikTok videos, three Twitter postings, and several other alleged defamatory actions purportedly done by the father-daughter between April 23 and June 26.

Among these alleged defamatory acts by Ain are three TikTok videos, three Twitter postings, and several separate interviews given to the media.

Among the purported defamatory acts by the father are messages to WhatsApp group and Facebook as well as a few media interviews.

Khairul Nizam claimed that during the class session on April 23, he had taught the students regarding legal protection for children against sexual offences.

“Furthermore, in ensuring students have a clearer understanding on the utilisation of the law, the plaintiff had also explained methods for self-defence if (one finds himself or herself) in situations involving sexual assault, sexual harassment or rape,” the plaintiff contended.

According to the online cause list, the legal action is set for case management before the Shah Alam Sessions Court registry on Dec 2. - Mkini

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