Introduction
In Jason Jonathan Lo v Star Media Group Bhd & Ors and another suit1 (“Jason Jonathan Lo”), the Court of Appeal clarified that a defamation claim will not be dismissed merely because the allegedly defamatory words or articles, published in English language, were pleaded without a certified Bahasa Malaysia translation.
Brief facts
The Plaintiff commenced a defamation action against Star Media Group Berhad and three other journalists and editors over several English-language articles. The Plaintiff reproduced the exact words complained of in verbatim, which was in the English language. The Plaintiff did not provide the certified Bahasa Malaysia translations.
The requirement of Bahasa Malaysia translation in Rekha d/a Munisamy v Ortus Expert White Sdn Bhd & Anor2 (“Rekha”)
Prior to Jason Jonathan Lo, an omission of a Bahasa Malaysia translation of the alleged defamatory text or article in the pleading was fatal to a defamation claim, as illustrated in the Court of Appeal case of Rekha.
High Court stage
The Defendants did not object to the absence of the Bahasa Malaysia translations, and Rekha was not raised before the High Court. The High Court allowed the Plaintiff’s claim.
Court of Appeal stage
Rekha was only brought to the Court’s attention at the Court of Appeal stage.
The Court of Appeal held that Rekha was per incuriam, meaning that it was decided without considering relevant binding authorities, and thus should no longer be followed.
The Court further clarified that such omission was a procedural irregularity, rather than a defect that automatically defeats the claim. In such circumstances, the Court may:
- direct the Plaintiff to furnish a translation within a stipulated period;
- permit part of the proceedings to be conducted in English under section 8 of the National Language Act 1963/67;
- treat the non-compliance as in irregularity under Order 2 rule 1 of the Rules of Court 2012.
Key takeaways
The requirement for a certified Bahasa Malaysia translation is intended to enable the Court to read, understand and assess the words complained of, rather than to operate as a stand-alone mandatory requirement. As a matter of best practice, the allegedly defamatory words or articles should still be reproduced in verbatim with a certified Bahasa Malaysia translation.
However, the absence of such a translation will not, by itself, automatically result in the dismissal of the claim.
Footnotes:
- [2026] MLJU 3062.
- [2021] 5 MLJ 836.
This update is prepared by Ricson Choong Yuk Li.
For further information, please contact:
Ricson Choong Yuk Li, Shearn Delamore & Co.
ricsonchoong@shearndelamore.com
