Former de facto law minister Zaid Ibrahim is consulting several lawyers as he wants yesterday's controversial Federal Court decision – that ruled federal and state governments can sue an individual who criticises it for defamation – to be reviewed.

Zaid said the apex court made a huge mistake in the decision.

"How many governments in the world today sue its citizens for defamation? Reputation is for individuals to worry about. The government only needs to concern itself with getting re-elected.

"I am putting an application to the Federal Court to review the decision. But this is subject to my lawyer's advice. The judges must learn to embrace new thinking, not just the new government," he commented.

Zaid said he found that Pakatan Harapan leaders and non-governmental organisations seemed to be remaining silent on the issue despite the wide ramifications.

Last night, former premier Najib Abdul Razak also questioned Harapan's silence once the judgment was proclaimed.

However, today, Deputy Minister in the Prime Minister's Department Mohd Hanipa Maidin said no government should sue an individual for defamation.

"This has made the judgment, with the greatest respect, hard to swallow in any democratic nation. It reduces the right to freedom of speech to being useless and meaningless," Hanipa said.

Yesterday, the No.2 in the judiciary system, Court of Appeal president Ahmad Maarop, ruled that Stampin MP Chong Chieng Jen's appeal in his case against the Sarawak government that the common law Derbyshire principle – which forbids public authorities from bringing actions for defamation – was not applicable as there are existing laws available, including the Government Proceedings Act 1956 (GPA).

The court also noted that the government has a reputation which it could protect via defamation suits, and that it has a statutory right to sue as provided for in GPA.

Justice Ahmad further explained that the Derbyshire principle does not apply because under Section 3 of the Interpretation Acts 1948 (1967), the words "written law" does not include common law.

Thus, the statutory right of the government to sue in civil proceedings, under Section 3 of the GPA including for defamation, is not subject to the common law of England.

"GPA does not preclude the government from taking civil action for defamation," the judge added.