'Use media council, ombudsman law as avenues to address defamation'

A Bar Council committee member today suggested the upcoming Media Council and the planned Ombudsman Bill as alternative avenues for ordinary citizens to take up their defamation cases.

Speaking at a forum in Kuala Lumpur, Bar Council's Civil Law and Law Reform Committee co-chairperson M Ramachelvam, said he agreed with the notion that the defamation law is a rich man's tort.

This was because only the wealthy could normally afford to sue other individuals when they were defamed.

"First of all, they would not have the wherewithal to even pay the disbursements and the initial part fees. And that's been my experience as well.

"Many people come very angry, they're very upset, but when you discuss with them and explain to them the issue about fees, many of them do not come back," he told a forum in Kuala Lumpur earlier today.

The forum titled “Defamation law reform: Revisiting the Defamation Act 1957” was organised by the Bar Council to discuss a proposal to reform the law.

Media council

Adding further, Ramachelvam said the defamation cases have become more serious today as matters in small groups would get amplified throughout the country.

Therefore, he said, there should be other alternatives for the people to seek vindication.

"For instance, through the media council. There must be an avenue for a person who has been defamed to approach the media council to ask for a correction from the media, for instance.

"The issue (under the purview of) MCMC, approaching the MCMC to take remedial steps. Also the issue of, I think the Ombudsman Bill is coming up.

"Those types of alternative resolution mechanisms must be looked at to resolve issues pertaining to defamation, especially for the ordinary folks," the veteran lawyer said.

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