PUTRAJAYA: A social media influencer has failed in her appeal to set aside the High Court’s order for her to pay RM100,000 in damages for uttering abusive words and body-shaming a commissioner of oath on Facebook Live three years ago.
A three-member Court of Appeal panel unanimously rejected the appeal by Noorazira Pissal, or better known as Eira Aziera, after finding that it had no merit.
In delivering the decision, Justice Ahmad Zaidi Ibrahim said the Court of Appeal found that the High Court judge had not erred when deciding that the words uttered by Noorazira against Suharnizan Sidek were defamatory.
“Based on the appeal records, we also agree with the High Court judge that the other elements (defamation) have been proven.
“Therefore, the appeal regarding liability is dismissed and the findings of the High Court judge are upheld. Costs are set at RM10,000,” said Zaidi, who sat with Justices Kamaludin Said and SM Komathy Suppiah.
Regarding Suharnizan’s counter-appeal for more than RM100,000 in damages to be awarded, Zaidi said the court found the amount awarded by the trial judge to be reasonable.
“This court found the assessed amount to be reasonable. It is not excessive or insufficient and the High Court judge has taken into account the factors of cyberbullying and body-shaming in awarding the amount of damages.
“We also find that the counter-appeal has no merit and the quantum (previously set) is upheld. Therefore, the counter-appeal is dismissed with costs of RM10,000,” he said during online proceedings.
Noorazira was represented by lawyer Yahaya Ahmad while Suharnizan was represented by lawyers Rasheed Hassan and Ashraf Hilmy.
On May 30, 2022, the Johor Bahru High Court ordered Noorazira to pay RM100,000 in damages to Suharnizan after allowing her lawsuit against the social media influencer. - FMT
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