Court throws out defamation suit over ‘nasi kandar shakedown’ article

Court throws out defamation suit over ‘nasi kandar shakedown’ article

GEORGE TOWN: The High Court here has thrown out a defamation suit filed by Pertiga president Sabaruddin Ahmad against The Star and its journalist Imran Tawfik Hilmy, ruling that the impugned article was written responsibly and in public interest.

Justice Rozana Ali Yusoff said the article, headlined “Nasi Kandar Shakedown: Penang restaurant claims they are being harassed for protection money”, was protected by qualified privilege.

The defence of qualified privilege enables journalists to report on important issues – especially those involving matters of public interest – if they do it fairly, carefully, and without ill intent.

The case began on Oct 14, 2020, when a nasi kandar restaurant owner lodged a police report claiming extortion linked to threats to poison food. Sabaruddin was arrested at a hotel two days later and remanded for two days.

On the day of the arrest, The Star published the impugned article after interviewing the restaurant owner and his son, reporting that a criminal probe was ongoing.

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Sabaruddin was released on Oct 18.

The police later concluded that there was no offence or credible evidence, and closed the case on Dec 21, 2020, court filings show.

Sabaruddin then filed a defamation suit against the nasi kandar restaurant owner, Syed Ibrahim NMA Abdul Sukoor, The Star and Imran.

Justice Rozana, ruling in favour of The Star and Imran, found the article to be factually accurate.

She said the newspaper had correctly reported that a police report had been lodged, and that the matter was under investigation.

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Rozana said the issue involved public health and safety, and that given the popularity of the restaurant, both the reporter and publisher had a duty to report the matter.

She also held that the plaintiff had failed to prove that they acted maliciously or that he had suffered reputational harm.

The court awarded an overall sum of RM30,000 in costs to The Star and Imran.

In 2022, a separate judgment was entered against Syed Ibrahim for filing a false report, with damages of RM50,000 and costs of RM10,000 awarded to Sabaruddin.

Lawyers Nicholas Navaron and Soraya Sulaiman Ong appeared for The Star and Imran, while S Raveentharan represented Sabaruddin.