Ex-Tune Talk CEO awarded additional damages of RM100,000 in defamation suit

PUTRAJAYA: The Court of Appeal has increased the damages awarded to former Tune Talk CEO Jason Lo from RM200,000 to RM300,000 after a news organisation and three journalists were found liable for defamation.

The decision followed a ruling by a three-member bench chaired by Justice Collin Lawrence Sequerah, who allowed Lo’s cross-appeal on quantum.

Sequerah, who is now a Federal Court judge, sat with Justices Faizah Jamaludin and Ong Chee Kwan.

The court ordered Star Media Group Bhd and the journalists to pay Lo RM50,000 in costs.

The bench also dismissed the media organisation’s appeal on liability and quantum.

Justice Faizah, delivering the unanimous decision of the court, said the additional sum would be a global award, without the need to distinguish the types of damages.

She added that there was no reason to disturb the findings of High Court judge Alice Loke.

On Nov 9, 2023, Justice Loke ruled that Lo had proven his case on the balance of probabilities and that all defences raised by the defendants had failed.

Lo was then awarded RM200,000 in damages.

The plaintiff’s suit centred on two articles published in The Star on May 16 and 25, 2019.

It also involved a Facebook commentary by one of the reporters published on May 25, 2019.

In her grounds of judgment, Loke said the articles referring to Lo were defamatory.

She said that when read in their ordinary meaning and as a whole, the articles implied dishonourable conduct on the part of the plaintiff.

Loke added that the contents were disparaging and had seriously damaged Lo’s reputation.

She also found that the defendants failed to establish the defences of justification and qualified privilege.

She noted that portions of the publications alleging that Lo was a molester and had a history of drug abuse and domestic abuse were not supported by credible evidence.

“The defendants cannot avoid liability by using words such as ‘allegedly’ or by merely reporting the contents of police reports,” she said.

Loke also found that the defendants failed to present Lo’s side of the story and exceeded the bounds of responsible journalism.

Counsel Alfred Chong represented Lo, while Izral Khairy and Esther Soo appeared for the publisher and the journalists.

المصدر: Free Malaysia Today