PUTRAJAYA: The Court of Appeal today reduced the damages awarded to former Health Minister, Khairy Jamaluddin, from RM2.5 million to RM830,000 in his defamation lawsuit against Mohd Rasyiq Mohd Alwi over social media posts related to the COVID-19 vaccine.
A three-man bench led by Justice Datuk Mohamed Zaini Mazlan affirmed the High Court’s decision on liability but varied the quantum of damages.
Sitting with him were Justice Datuk Ahmad Fairuz Zainol Abidin and High Court judge, Datuk Ahmad Shahrir Mohd Salleh.
The court reduced the general damages from RM2 million to RM500,000, and exemplary damages from RM250,000 to RM80,000 and maintained the award of RM250,000 in aggravated damages.
On Jan 25, 2022, Khairy, 50, sued Rasyiq, also known as Ustaz Abu Syafiq, for allegedly making several defamatory statements, including posting three videos and photos on ‘Ustaz Abu Syafiq’s’ Instagram on Oct 20, 2021, and Jan 6 and 10, 2022.
Delivering the court’s unanimous decision, Justice Mohamed Zaini said the appellant’s (Rasyiq’s) libel not only damaged the former Rembau Member of Parliament’s reputation but could also impact the public as the postings might discourage some from receiving the vaccine.
“The appellant, who held himself out as a religious preacher, is therefore subjected to a higher standard of care and responsibility when making public statements.
“Society accords a significant degree of trust, respect, and moral deference to individuals who hold religious authority.
“Members of the public, particularly those within the appellant’s following, are naturally and reasonably inclined to accept the pronouncements of a preacher as truthful and morally grounded,” he said.
He said Rasyiq, 46, bore a greater duty to verify the accuracy of his statements before disseminating them to others, and by choosing to publish unverified, false and defamatory allegations against Khairy, he (Rasyiq) abused his position of moral authority and exploited the trust and deference that society reposes in religious figures.
Justice Mohamed Zaini said there were eight distinct publications and that Khairy was entitled to damages for each of them.
However, he added that the court was mindful of the need to ensure that Khairy is not enriched by the damages awarded.
He said that damages in defamation cases are intended to be compensatory and not to generate a windfall, and that any award must remain proportionate and in line with prevailing judicial trends.
He added that the RM2.5 million in general damages awarded to Khairy was not in line with those prevailing trends.
“There was a period when our courts awarded damages amounting to millions in successful defamation cases. That era has ended, and we do not wish to see it return,” he said.
Zaini said the court also noted that the appellant was recalcitrant, as his alleged apologies border on cynicism, adding that on that basis the RM250,000 aggravated damages awarded to Khairy is maintained.
In April last year, the High Court in Kuala Lumpur ordered Rasyiq to pay RM2.5 million in damages to Khairy. He then appealed to the Court of Appeal on the quantum of damages.
At the Court of Appeal today, lawyer Lejerod Limpuong represented Rasyiq while lawyer Abdul Rashid Ismail acted for Khairy. – BERNAMA
