The Bar Council welcomes the statement by YB Minister in the Prime Minister's Department, Dato' Dr. Rais, that he is concerned with the issue of exorbitant damages as have been decided upon in several defamation suits recently.
The Bar Council is also concerned with this issue because of two main factors. Firstly, as suggested by Dato' Dr. Rais, there is a very noticeable margin of difference between damages which are restricted for body injuries when compared to the exorbitant amount of damages for defamation suits.
Secondly, it is a threat to freedom of speech generally and freedom of the press especially. Awards of damages for defamation which are exorbitant may cripple the sincere efforts of the press in disclosing activities or plans which will inconvenience or cause losses. to the public, the enviroment or the country. Insurers may adopt a very cautious attitude and forbid any reports, or surveys which may result in court actions by the parties who are being investigated.
In keeping with the responsibilities of the Malaysian Bar to always act in the interests of justice, the Bar Council has already set up an Ad-Hoc Committee, chaired by Mr. M. Ramachelvam to study defamation suits and the damages awarded by several courts in the country, recently. Pursuant to the study carried out by this Committee, the Bar Council is of the view that the principles as contained in Common Law which ascertain the amount of damages for defamation are sufficient to fix reasonable limits with regard to damages for defamation.
This is very clear in court decisions in the United Kingdom recently which stress that the right of the individual to safeguard his reputation and good name through a defamation suit is subject to the right of the public to acquire information regarding important public issues through the mass media which is not restricted by exorbitant damages for defamation.
The Bar Council will publish the said report and its conclusions in a special publication which will be forwarded to all parties concerned as soon as possible.
The Bar Council in voicing this view, has no intention whatsoever of interferring with the independence of the Malaysian Judiciary in trying and deciding any matter. The Bar Council is of the view that the decision of the Federal Court which is awaited in the case of M.G.G. Pillai will decide conclusively on the several problems in this matter.
The decision will also ascertain whether the conflict between the rights of an individual through defamation suits and public interests based on freedom of speech can be resolved through the wisdom contained in Common Law or whether it needs action by a body of law, i.e Parliament.
Further, the Bar Council also welcomes the attitude of Data' Dr. Rais who wishes to act by way of a "musyawarah" or discussion between the Government, the Judiciary, the Attorney-General's Chambers and the Malaysian Bar. This approach will collect views and opinions from several aspects and perspectives for the good of all.
2012 Bar Council Subscription Click the link above to download Circular 072/2012 pertaining to the 2012 Bar Council subscription, including the payment guide and a set of Frequently-Asked-Questions.
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International Malaysia Law Conference (26 to 28 Sept 2012) Hurry up! The countdown continues and the current promotion rate ends 30 June 2012. Don't miss what is going to be the best conference in the region! On top of that, if you sign up with 5 or more people from the same organisation, we will give you a 10% group discount. Click on the link above to register.
Talk on Summary Judgement (25 May 2012) Organised by the Selangor Bar Committee, this talk will take place at 5:00 pm, at the Selangor Bar Committee Auditorium, on 25 May 2012 (Friday). The talk will be conducted by Ramesh Supramanian. Click on the link above for more details.
Seminar on Tax Issues in Financial Transactions (25 May 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, this seminar, featuring S Saravana Kumar, will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 25 May 2012 (Friday). Click on the link above for more details.
Dialogue with Criminal Law Practitioners (26 May 2012) Organised by Bar Council, this dialogue will take place at 10:00 am to 12:00 pm, at the Raja Aziz Addruse Auditorium, Bar Council, on 26 May 2012 (Saturday). Click on the link above for more details.
Conference on Competition Law (31 May 2012) Organised by Bar Council with the support of LexisNexis, this conference will take place at 8:30 am to 4:00 pm, at Renaissance Kuala Lumpur Hotel, on 31 May 2012 (Thursday). For more details or to register, please contact Vilashini Vijayan (03-2050 2095; vila@malaysianbar.org.my). Click on the link above for more details.
Talk on What Clients Want (7 June 2012) Organised by the KL Bar Practitioners' Affairs Committee, the talk, presented by Ong Eu Jin, will take place at 5:00 pm, at the KL Bar Auditorium, on 7 June 2012 (Thursday). Click on the link above for more details.
4th LAWASIA Family Law Conference, Penang (13 and 14 July 2012) Supported by Penang Bar Committee and the Malaysian Bar, this conference, themed “The New Global Family: Emerging Trends and Challenges to Family Practice”, will take place at Traders Hotel, Penang, on 13 and 14 July 2012 (Friday and Saturday). Click on the link above for more details.
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