The minority judgment in the Sarawak state government and State Financial Authority vs Kuching MP Chong Chien Jen, said the government or its departments and agencies cannot sue individuals, as it can resort to criminal defamation law, the Printing Presses and Publications Act 1984, and the Sedition Act 1948 to defend itself from defamatory statements.

Court of Appeal’s Justice David Wong Dak Wah also adopted the Derbyshire County Council vs Times Newspapers Ltd (1993) rule, which said public bodies cannot sue the media or individuals for defamation.

This is unlike the majority judgment by Justice Abdul Rahman Sebli and adopted by Justice Zamani A Rahim, which did not follow the Derbyshire principle, but ruled that Section 3 of the Government Proceedings Act, 1956 (GPA) does not exclude the right for proceedings in libel or defamation by or against the government.

Previous court rulings have said that the government or its bodies cannot sue as it is "not a living thing"...