Balance reputation and expression in defamation law reform, says Bar Council
KUALA LUMPUR: The Malaysian Bar has called for reforms to defamation laws that strike a balance between protecting individual reputations and upholding freedom of expression.
Its Civil Law and Law Reform Committee co-deputy chairman Saraswathy Shirke Deo said this was especially important in matters involving political criticism and online content.
She said the core of any reform to the Defamation Act should focus on strengthening the defences of truth and qualified privilege.
Qualified privilege is a legal defence in defamation cases that protects statements made in good faith on matters of public interest, provided there is no malice and the information is shared responsibly.
"When we are amending the law, we must make it clear from the start that the crux of the reform must centre on the defences of truth and qualified privilege.
"Defamation law is a straightforward concept; the challenge lies in how best to protect the right to reputation without curbing the public's right to information.
"Those are the considerations we must focus on, instead of simply restricting discourse," she said at a forum titled Revisiting the Defamation Act, organised by the Malaysian Bar today.
Saraswathy also proposed the introduction of provisions that would explicitly protect political criticism, saying this was essential in a functioning democracy.
The Defamation Act, in its entirety, should not suppress the right to information, she said.
"What we should inculcate instead is the idea of responsible publication," she said, adding that the rise of digital platforms had accelerated the spread of harmful content.
She also emphasised the need to encourage ethical journalism and accountable publishing practices.
"We must be responsible for what we publish... that is why, through reform, we want to promote responsible writing and responsible journalism," she said.
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