In a landmark decision that will have an impact on the media, the Court of Appeal ruled that politicians cannot sue the media for defamation for criticising persons in their capacity as public figures.

This follows the Court of Appeal's decision today allowing Utusan Malaysia 's appeal to strike out the suit filed by Pahang Menteri Besar Adnan Yaakob.

Utusan Malaysia, which is owned by Umno, failed to strike out Adnan's suit on July 23 last year.

Court of Appeal judge Rohana Yusof, in citing the Derbyshire case in the United Kingdom, noted that the article written by Utusan referred to Adnan in his capacity as menteri besar.

Justice Rohana said Adnan in his suit had also stated that he was filing the suit as an elected representative and a menteri besar.

"This court ruled to allow the appeal as he (Adnan) has no locus standi (legal standing) to file the suit against the media. There is a case to strike out the suit,” she said.

The court also ordered costs of RM3,000 to be paid by Adnan.

The other judges in the panel were Court of Appeal judge Idrus Harun and High Court judge Mary Lim.

There are no local case laws applicable and Utusan Malaysia 's counsel M Reza Hassan cited the Derbyshire County vs Times Newspapers Ltd case, which ruled that local authorities cannot institute legal action based on criticism.

Reza argued that the article by Awang Selamat is criticism of Adnan as menteri besar and the paper should be protected.

"Such (legal) action has a chilling effect on freedom of speech and shackles the media," he told the court.

Lawyer Americk Sidhu ( photo ), for Adnan, told the court that his client filed the application in his personal capacity and that the attacks by Utusan were personal in nature to him.

“He is not suing as Pahang MB but on the personal attack on his integrity, and that his reputation that has been affected.

“The comment is a direct attack on the personality of the individual, not his office of MB. It is a retaliation to the comments he made to the press,” Americk said.

Wide implications on the media

Adnan filed a RM15 million civil suit against Utusan Malaysia, a newspaper owned by his party, Umno, in December, 2014.

The suit is related to an article written by Utusan’s columnist ‘Awang Selamat’, titled ‘Hebat sangatkah Adnan?’ (Is Adnan that great?), which said Adnan had overstayed his presence as menteri besar.

Awang Selamat is the daily's official pseudonym, used to express its editorial stance.

The Pahang MB complained that the Awang Selamat article had brought adverse imputations upon him, resulting in public odium, ridicule and hate.

Adnan claimed the words in the article meant that he lacked integrity, failed in his duties as menteri besar, is a maligner who has overstayed his position as MB, outlived his usefulness as MB, and is a person who is brash and arrogant who rejects any form of criticism.

Kuala Lumpur High Court judge Justice Yeoh Wee Siam last year dismissed Utusan's application to strike out the suit.

Reza told reporters outside court that today's decision is a landmark case and has wide implications on the media as the court ruled that a person who holds public office can be criticised, but not in his personal capacity.

Americk said he would seek instructions as to whether to file an appeal with the Federal Court.