RM2m in damages award against Kepong MP a deterrence: Judge

The RM2 million compensation award against Kepong MP Lim Lip Eng is meant to discourage uncalled-for and unverified statements in the current social media age, according to the High Court in Kuala Lumpur.

In the full grounds of judgment in a defamation suit by e-commerce firm MonSpace (M) Sdn Bhd and its founder Jessy Lai against the DAP lawmaker, judge Akhtar Tahir said that the defendant must be more responsible in his speech and actions.

He said that Lim (above) as a parliamentarian cannot be “trigger happy shooting from the hip” as while that might not have killed any person physically, it has certainly killed the two plaintiffs’ reputation.

“The court also feels that in this case, the damages awarded must act as a deterrence. This is not to stifle freedom of speech and expression but as a discouragement for any person making uncalled-for and unverified statements, especially in the era of the wide use of social media.

“Another reason why deterrence is required is the fact that the courts are inundated with cases involving defamation involving all strata of the society from the highest to the lowest.

Fashion statement

“‘See you in court’ seems to have become a fashion statement rather than being something to be fearful about.

“A final factor which took into account, in this case, is that the defendant did not show any remorse for his actions and on the converse, was combative in his attitude.

“The plaintiffs had graciously agreed to settle the matter without going for the full trial with a mere apology, but the defendant refused this request,” Akhtar said in the full judgment made available on the judiciary's official portal yesterday.

The judge added that Lim’s statement contained various serious allegations, such as the giving of kickbacks and protection money to government officials, and involvement in illegal activities that led to several Chinese nationals suffering financial loss.

On March 16, the High Court ruled that Lim had defamed MonSpace and Jessy Lai, and ordered the lawmaker to pay RM2 million in damages.

Public apology

Akhtar had also ordered the defendant to pay RM250,000 in costs and make a public apology.

However, the Kepong MP had since then filed an appeal to the Court of Appeal to reverse the verdict.

Lim also applied for the High Court to stay the ruling pending disposal of the appeal. The High Court is set to hear the bid on May 22.

It was previously reported that Lim succeeded in his crowdfunding effort to raise RM2.25 million for the case.

Lim is represented by counsel Guok Ngek Seong, while lawyer Harpal Singh Grewal is acting for MonSpace and Lai. - Mkini