The Court of Appeal has reduced the damages awarded to Khairy Jamaluddin from RM2.5 million to RM830,000 in his defamation suit against a preacher over Covid-19 vaccine posts.
PUTRAJAYA: The Court of Appeal today drastically reduced the damages awarded to former Health Minister Khairy Jamaluddin in his defamation lawsuit. The three-judge bench cut the total award from RM2.5 million to RM830,000.
The court affirmed the High Court’s finding of liability against preacher Mohd Rasyiq Mohd Alwi, also known as Ustaz Abu Syafiq. It also ordered Mohd Rasyiq to pay RM50,000 in legal costs to Khairy.
Justice Datuk Mohamed Zaini Mazlan, who delivered the unanimous decision, said the libel damaged Khairy’s reputation and could impact public health. He stated the posts might have discouraged some from receiving the Covid-19 vaccine.
READ MORE: Khairy Jamaluddin wins defamation suit, awarded RM2.5m
“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,” said Justice Mohamed Zaini. He was sitting with Justices Datuk Ahmad Fairuz Zainol Abidin and Datuk Ahmad Shahrir Mohd Salleh.
The judge said society accords significant trust and moral deference to religious figures. He added that Mohd Rasyiq bore a duty to verify his statements before disseminating them.
“By choosing to publish unverified, false, and defamatory allegations against Khairy, he abused his position of moral authority,” Justice Mohamed Zaini said. He noted there were eight distinct defamatory publications.
The court reduced general damages from RM2 million to RM500,000. It also slashed exemplary damages from RM250,000 to RM80,000.
The RM250,000 award for aggravated damages was maintained. The judge said this was because Mohd Rasyiq was recalcitrant and his alleged apologies “border on cynicism.”
Justice Mohamed Zaini emphasised that damages in defamation are compensatory, not meant to generate a windfall. He said any award must remain proportionate to prevailing judicial trends.
“The RM2.5 million in general damages awarded to Khairy was not in line with those prevailing trends,” he stated. The judge added that an era of million-ringgit defamation awards has ended.
Khairy, 50, had sued Mohd Rasyiq, 46, over several defamatory statements posted on Instagram. The posts were made on October 20, 2021, and January 6 and 10, 2022.
The High Court in Kuala Lumpur had ordered Mohd Rasyiq to pay RM2.5 million in damages last April. Mohd Rasyiq then appealed to the Court of Appeal solely on the quantum of damages.
Lawyer Lejerod Limpuong represented Mohd Rasyiq at today’s hearing. Lawyer Abdul Rashid Ismail acted for Khairy Jamaluddin.
The Sun Malaysia
