In a recent ruling, the High Court has found former Penang deputy chief minister P. Ramasamy liable for defaming controversial Islamic televangelist Dr. Zakir Naik between 2017 and 2019. The court has ordered Ramasamy to pay RM1.52 million in damages to Dr. Naik, who holds permanent residency in Malaysia.
Justice Hayatul Akmal Abdul Aziz, presiding over the case, stated that Dr. Naik had successfully proven his case based on the balance of probabilities. The judge affirmed that Naik had met the burden of proof regarding five statements that were at the center of two lawsuits. Furthermore, Justice Hayatul found Ramasamy's defense to be devoid of merit and untenable.
In her comprehensive verdict, Justice Hayatul expressed skepticism towards Ramasamy's arguments, emphasizing that he failed to substantiate the truth or provide adequate justification for the publication of the defamatory statements. She noted that Ramasamy's statements were characterized by animosity and malice.
The court's ruling includes a breakdown of damages awarded to Dr. Naik: RM1 million in general damages, RM250,000 in exemplary damages, RM100,000 in compensatory damages, RM100,000 in aggravated damages, and a global sum of RM70,000 to cover legal costs. Ramasamy has been instructed to settle the judgment amount within 30 days, although the implementation of an apology has been temporarily deferred pending oral submissions from both parties, scheduled for December 1.
Following the court's decision, Ramasamy announced his intention to appeal the verdict.
According to Free Malaysia Today Dr. Zakir Naik initiated legal action in October and December of 2019, filing two separate suits against Ramasamy for five allegedly defamatory statements. These statements were disseminated through various social media platforms and reported by multiple news outlets between 2016 and 2019.
In one instance, Naik claimed that on April 10, 2016, Ramasamy had referred to him as "Satan" on Facebook. Additionally, Naik asserted that Ramasamy had defamed him in a statement published by Free Malaysia Today (FMT) on October 1, 2017, by asserting that Malaysia was providing refuge to a "fugitive from India."
Furthermore, Naik alleged that Ramasamy had distorted comments made during a speech he delivered at an event organized by the Kelantan government, as reported in an article by FMT on August 11, 2019. On August 20, 2019, Naik contended that Ramasamy once again defamed him in a statement published by India Today, which Naik claimed was steeped in "hatred and spite."
The second lawsuit filed by Naik pertained to comments made by Ramasamy regarding the Liberation Tigers of Tamil Eelam (LTTE) in an article published by The Malaysian Insight on November 8, 2019.
This verdict marks a significant legal development in the ongoing dispute between Ramasamy and Dr. Zakir Naik, shedding light on the boundaries of free speech and defamation in Malaysia. The case highlights the importance of responsible communication, especially in matters of public interest and controversy.
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