PUTRAJAYA: The Court of Appeal has reduced the damages awarded to former health minister Khairy Jamaluddin from RM2.5mil to RM830,000 in his defamation lawsuit against Mohd Rasyiq Mohd Alwi over social media posts related to the Covid-19 vaccine.
A three-judge bench led by Justice Datuk Mohamed Zaini Mazlan affirmed on Thursday (Feb 19) the High Court’s decision on liability but varied the quantum of damages.
Also on the bench were Justice Datuk Ahmad Fairuz Zainol Abidin and High Court judge Justice Datuk Ahmad Shahrir Mohd Salleh.
The court reduced the general damages from RM2mil to RM500,000 and exemplary damages from RM250,000 to RM80,000, but 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 the "Ustaz Abu Syafiq" Instagram account on Oct 20, 2021, and Jan 6 and 10, 2022.
Delivering the court’s unanimous decision, Justice Zaini said the appellant’s (Rasyiq’s) libel not only damaged the former Rembau MP's reputation but could also impact the public as the postings might discourage some from receiving the vaccine.
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"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 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 RM2.5mil 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.
Justice 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 RM2.5mil in damages to Khairy.
Rasyiq then appealed to the Court of Appeal on the quantum of damages. – Bernama
