Libel Law In Malaysia An Overview

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Libel Law In Malaysia An Overview

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Author : Asst. Prof. Dr Hasbollah Bin Mat Saad
language : en
Publisher: GOOGLE PLAYBOOK
Release Date : 2023-01-15

Libel Law In Malaysia An Overview written by Asst. Prof. Dr Hasbollah Bin Mat Saad and has been published by GOOGLE PLAYBOOK this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-15 with Law categories.

Freedom of speech is fundamental to the founding of a democratic country which is distinctly expressed in Article 10 (1) (a) of the Federal Constitution. However, there are restrictions to the rights and freedom as provided for in Article 10 (2) (a) of the Federal Constitution, which exempted or excluded the defamation actions from the said right by passing the Defamation Act 1957 in controlling and ensuring the said rights and freedom of speech are exercised in accordance with the tenets of the law. The researcher intends to concentrate only on one element of defamation under the Defamation Act 1957 and Penal Code (Act 574), i.e., libel. Therefore, this book will focus on the extent of the rights and freedom of speech, and how the libel element plays a significant role in determining the restrictions of freedom of speech. The objectives of conducting this research are to examine the scope, concept, and development of libel, explore the possible harmonisation, and establish recommendations that could be used to enhance the libel law. This book will also focus on bilateral or two-way basis research, i.e., from Malaysian law and Islamic legal perspectives in relation to freedom of speech respectively. Comparative legal research and qualitative methods will be applied in this thesis based on the legal materials, i.e., law reports, legal commentaries, judicial decisions, Quranic verses, As-Sunnah of the Prophet Muhammad (sallallahu ‘alaihi wasallam), and opinions derived from Muslim scholars. The general observation is that there are similarities and differences in libel laws according to Malaysian law and Islamic legal principles which can be blended and forming effective Malaysian libel law for the purpose of strengthening the countermeasure against more complicated libel actions and at the same time to balance and integrate the relationship between libel law and freedom of speech, and this may be implemented through the harmonisation processes.

Defamation Libel Law In Malaysia An Overview

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Author : Asst. Prof. Dr Hasbollah Bin Mat Saad
language : en
Publisher: IJRTD
Release Date : 2023-01-27

Defamation Libel Law In Malaysia An Overview written by Asst. Prof. Dr Hasbollah Bin Mat Saad and has been published by IJRTD this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-27 with Law categories.

Freedom of speech is fundamental towards the founding of a democratic country as distinctly expressed in Article 10(1)(a) of the Federal Constitution. However, there are restrictions to this right and freedom. Article 10(2)(a) of the Federal Constitution exempts or excludes defamation actions from this right by passing the Defamation Act 1957 to control and ensure this right and freedom of speech are exercised in accordance with law. This paper concentrates only on one element of defamation under the Defamation Act 1957 and Penal Code (Act 574); libel. Therefore, this paper will focus on the extent of the rights and freedom of speech, and how elements of libel plays a significant role in determining the restrictions of freedom of speech. The objectives of conducting this research are to examine the scope, concept and development of libel, and establish recommendations that could be used to enhance the libel law. This paper look into the matter from the Malaysian law perspective. Legal research and qualitative methods will be applied in this paper based on the legal materials; law reports, legal commentaries, judicial decisions, and opinions derived from scholars. The general observations is that, the countermeasure against the more complicated libel actions and at the same time to balance and integrate the relationship between libel laws and freedom of speech, should be taken into consideration in implementing the laws against defamation in our country.

Law Of Defamation In Malaysia And Singapore

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Author : Salleh Buang
language : en
Publisher:
Release Date : 1992

Law Of Defamation In Malaysia And Singapore written by Salleh Buang and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Libel and slander categories.

Defamation Libel And Its Relation To Freedom Of Speech Overview Of The Malaysian Laws And The Islamic Legal Principles

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Author : Asst. Prof. Dr Hasbollah Bin Mat Saad
language : en
Publisher: ICTEET 2017
Release Date : 2023-01-28

Defamation Libel And Its Relation To Freedom Of Speech Overview Of The Malaysian Laws And The Islamic Legal Principles written by Asst. Prof. Dr Hasbollah Bin Mat Saad and has been published by ICTEET 2017 this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-28 with Law categories.

Freedom of speech is fundamental towards the founding of a democratic country as distinctly expressed in Article 10(1)(a) of the Federal Constitution. However, there are restrictions to this right and freedom. Article 10(2)(a) of the Federal Constitution exempts or excludes defamation actions from this right by passing the Defamation Act 1957 to control and ensure this right and freedom of speech are exercised in accordance with law. This paper concentrates only on one element of defamation under the Defamation Act 1957 and Penal Code (Act 574); libel. Therefore, this paper will focus on the extent of the rights and freedom of speech, and how elements of libel plays a significant role in determining the restrictions of freedom of speech. The objectives of conducting this research are to examine the scope, concept and development of libel, explore the possible harmonisation, and establish recommendations that could be used to enhance the libel law. This paper look into the matter from the Malaysian law and the Islamic legal perspectives. Comparative legal research and qualitative methods will be applied in this paper based on the legal materials; law reports, legal commentaries, judicial decisions, Quranic verses, As-Sunnah, and opinions derived from Muslim scholars. The general observations is that, there are similarities and differences in libel laws according to the Malaysian laws and the Islamic legal principles which can be blended to form an effective Malaysian libel laws. It can strengthen the countermeasure against more complicated libel actions and at the same time to balance and integrate the relationship between libel laws and freedom of speech, and this may be implemented through the harmonisation processes.

The Law Of Defamation In Singapore And Malaysia

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Author : Keith R. Evans
language : en
Publisher: Lexis Law Publishing (Va)
Release Date : 1988

The Law Of Defamation In Singapore And Malaysia written by Keith R. Evans and has been published by Lexis Law Publishing (Va) this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Law categories.

Media Law In Malaysia

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Author : Farid Sufian Shuaib
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-06-13

Media Law In Malaysia written by Farid Sufian Shuaib and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-13 with Law categories.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this analysis of media law in Malaysia surveys the massively altered and enlarged legal landscape traditionally encompassed in laws pertaining to freedom of expression and regulation of communications. Everywhere, a shift from mass media to mass self-communication has put enormous pressure on traditional law models. An introduction describing the main actors and salient aspects of media markets is followed by in-depth analyses of print media, radio and television broadcasting, the Internet, commercial communications, political advertising, concentration in media markets, and media regulation. Among the topics that arise for discussion are privacy, cultural policy, protection of minors, competition policy, access to digital gateways, protection of journalists’ sources, standardization and interoperability, and liability of intermediaries. Relevant case law is considered throughout, as are various ethical codes. A clear, comprehensive overview of media legislation, case law, and doctrine, presented from the practitioner’s point of view, this book is a valuable time-saving resource for all concerned with media and communication freedom. Lawyers representing parties with interests in Malaysia will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative media law.

The Tort Of Defamation

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Author : K. Kuldeep Singh
language : en
Publisher:
Release Date : 2016

The Tort Of Defamation written by K. Kuldeep Singh and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Libel and slander categories.

The Online Defamation Law In Malaysia And Indonesia

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Author : Zaky Siraj
language : en
Publisher:
Release Date : 2012

The Online Defamation Law In Malaysia And Indonesia written by Zaky Siraj and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.

Defamation law exists to balance two interests, the rights of freedom of expression and the rights of reputation. It aims to ensure the protection of the person's reputation from being attack or harm by another person. However, with the advent of the internet, the problem on defamation becomes more complicated. The nature of the internet that is easy to access and could reach millions people all over the world, make defamation through this media is more harm to the person's reputation. The present thesis thus compares the law of online defamation in Malaysia and Indonesia on some point; the relevant law of Malaysia and Indonesia relating to cyber defamation; the elements of online defamation; the liability of ISP; the defences and remedies that available under Malaysian and Indonesian law of defamation. This thesis also analyses the basic concept of defamation from Islamic perspective. The methodology of this study is a qualitative and doctrinal research using both analytical and comparative approaches. The primary sources are taken from Malaysian and Indonesian statutes and decided cases. This study also employs unstructured interview with several correspondences who are experts on the issue at hand in order to enrich the analyses on this study. This study discovers that the civil law of defamation in Malaysia is seems well-established while the criminal defamation is almost unknown. While defamation under Indonesian law of defamation is considered as a crime. This situation becomes a common issue that criminal defamation in Indonesia may limit the rights of freedom of expression and democracy. Furthermore, the Islamic law of defamation is more comprehensive and contains solutions to many problems in all circumstances. This research is concluded with a suggestion that there is a clear need for Indonesia to have well-defined provisions regarding civil defamation and criminal defamation. It is perhaps desirable that provisions on criminal defamation to be reconsidered or perhaps should be eliminated from the proposed new defamation law. On the other hand, although Malaysia has already well-established civil defamation law which in line with the principle of freedom of expression, it is better to absorb the principle of Islamic law of defamation. Because the Islamic law of defamation contains the provisions relating to all the problems of individual, communities and states as well.

The Tort Of Defamation

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Author : K. Kuldeep Singh
language : en
Publisher:
Release Date : 2007

The Tort Of Defamation written by K. Kuldeep Singh and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Libel and slander categories.

Halsbury S Laws Of Malaysia

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Author : Hardinge Stanley Giffard of Halsbury
language : en
Publisher:
Release Date : 2017

Halsbury S Laws Of Malaysia written by Hardinge Stanley Giffard of Halsbury and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.