In a recent legal verdict, social media influencer Eira Aziera, known by her real name Noorazira Pissal, faced a setback as her appeal to overturn a High Court decision was unanimously rejected by a three-judge panel of the Court of Appeal. The High Court had initially ordered her to pay RM100,000 in damages for uttering abusive words and body-shaming a female commissioner of oath via a Facebook Live broadcast three years ago. The ruling not only highlights the growing impact of social media on defamation cases but also underscores the consequences of cyberbullying.
The three-judge panel, comprised of Judges Datuk Seri Kamaludin Md Said, Datuk Ahmad Zaidi Ibrahim, and Datuk S.M. Komathy Suppiah, delivered an unanimous decision in favor of upholding the High Court's ruling. Judge Ahmad Zaidi, who read the judgment, stated that they found no merit in Eira Aziera's appeal. He noted that the High Court judge had correctly determined that the words used by the appellant against the commissioner of oath, Suharnizan Md Sidek, were indeed defamatory.
The Court of Appeal examined the appeal records and concurred with the High Court's findings on all elements of defamation. This led them to dismiss the appeal regarding liability and uphold the High Court judge's verdict. The costs associated with this legal battle were set at RM10,000.
Additionally, Suharnizan had filed a counter-appeal seeking more substantial damages than the initial RM100,000 awarded by the trial judge. Judge Ahmad Zaidi addressed this aspect of the case as well, indicating that the court found the awarded damages to be reasonable. He explained that the assessed amount was neither excessive nor insufficient, emphasizing that the High Court judge had duly considered the aspects of cyberbullying and body shaming when determining the damages.
The Court of Appeal, therefore, dismissed Suharnizan's counter-appeal and maintained the original quantum of damages. The counter-appeal also incurred costs of RM10,000. Legal proceedings regarding this case were conducted online, reflecting the evolving nature of litigation in the digital age.
Noorazira was represented by lawyer Yahaya Ahmad throughout the proceedings, while Suharnizan was represented by legal counsels Rasheed Hassan and Ashraf Hilmy.
This legal battle stemmed from an incident that took place three years ago when Eira Aziera, a well-known social media influencer, used a Facebook Live broadcast to direct abusive words and engage in body-shaming against Suharnizan Md Sidek, who served as a commissioner of oath. The case represents a significant example of the intersection between social media, freedom of expression, and the boundaries of acceptable behavior in the online world.
On May 30, 2022, the Johor Bahru High Court handed down its initial judgment, ruling in favor of Suharnizan and ordering Noorazira to pay RM100,000 in damages. This verdict sent a clear message about the repercussions of online behavior that crosses the line into defamation and cyberbullying.
As the case concludes at the Court of Appeal, it serves as a stark reminder of the legal consequences that can accompany irresponsible online conduct. The ruling underscores the importance of maintaining a respectful and considerate online presence and the serious implications of crossing the line into abusive behavior and defamation, regardless of one's status as a social media influencer. It is anticipated that this case will set a precedent for future legal actions involving social media and online conduct, influencing the behavior and accountability of influencers and internet users alike.
Reference: Social media influencer loses appeal, to pay RM100,000 For body shaming | The Star
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