Rosmah Mansor appears to have found little to laugh about over actor and stand-up comedian Harith Iskander’s alleged jokes about her appearance, including comparisons to a pocong and pontianak.
On the contrary, the wife of former prime minister Najib Abdul Razak has filed a defamation suit against him.
In her June 9 lawsuit, Rosmah, 75, claimed that during the “Harith Iskander: The Outspoken Comedy Tour” at the Swiss-Garden Hotel in Malacca, the comedian displayed images of a “Toyol”, “Pontianak”, and “Pocong” before showing her photograph.
According to news reports, she alleged that Harith joked about the “scariest” figure in Malaysian mythology before displaying her image, implying that she was more frightening than the supernatural beings and exposing her to public ridicule.
“The statement was made with malicious intent to tarnish my dignity and reputation, as well as to humiliate me through body shaming.
“This comparison is serious as it was not made in a neutral context or during an ordinary discussion, but instead during a comedy performance in front of a live audience to elicit laughter and entertainment from the public,” she said.
‘Malicious intent’
Rosmah said a TikTok user known as @mayychan0303 uploaded two recordings of the performance, with the first video garnering 219,700 views and 3,354 likes while the second received 12,500 views and 145 likes.
She claimed the allegedly defamatory statements were made with malicious intent to damage her reputation and insult her.
“The statements were also intended to damage my reputation, dignity, and good name due to my position as a public figure, wife of a former prime minister, patron of various charitable organisations and associations, as well as an individual who has received various awards and recognitions locally and internationally,” she said.
Rosmah is seeking general, aggravated, and exemplary damages, as well as an injunction to prevent the defendant or his representatives from publishing and disseminating the alleged defamatory statements.
She is also seeking an unconditional apology from the defendant and a written retraction of the alleged defamatory statements, to be published in two mainstream newspapers agreed upon by the plaintiff, as well as on social media accounts determined by the plaintiff or her lawyers.
Rosmah’s lawyers, Baharudeen Ariff and Nur-Diana Ezlyn Hashim, said case management had been fixed for July 31.
Artistic expression
In his statement of defence filed on July 9, Harith said the allegedly defamatory remarks must be assessed in the context of the entire show, which included audience interaction, delivery, timing, disclaimers, and house rules, rather than isolated excerpts uploaded by third parties, according to the New Straits Times.
He denied recording, uploading, or authorising the TikTok videos cited by Rosmah, saying he had no knowledge of or affiliation with the account @mayychan0303, which posted the clips.
Harith claimed the videos were edited, incomplete, and published without his knowledge or consent, in breach of his express instructions prohibiting audience members from recording or sharing any part of the performance.
He argued that references to mythical creatures were fictional, figurative, and satirical in nature and would not be understood by a reasonable person as factual statements about Rosmah.
He further contended that the TikTok posts constituted separate publications by third parties, for which he should not be held responsible.
Harith also invoked Article 10(1)(a) of the Federal Constitution, asserting that stand-up comedy and satire are protected forms of artistic expression. - Mkini
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