Facebook user ordered to pay damages: What defence was rejected?

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Defence Pleaded By Facebook User Was Not Established

The High Court ordered a Facebook user, Mohd Nawawi Abdul Razak, to pay RM250,000 in global damages to Perlis Mufti Datuk Mohd Asri Zainul Abidin after finding that only the first of four defamatory statements was proven. While the court found the initial statement met the legal elements of defamation, it concluded that Mohd Nawawi failed to establish the defence he pleaded. The specifics of the defence raised by Mohd Nawawi were not detailed in the provided information.
First Defamatory Statement Found Proven

The court determined that the initial statement published by Mohd Nawawi on his Facebook account satisfied the legal requirements for defamation. However, the judicial commissioner found that Mohd Asri had not succeeded in proving that the subsequent three statements also met these criteria. This partial success meant that the damages awarded were based on the impact of the first proven defamatory post.
Defendant Failed to Establish Defence

Following the finding on the defamatory nature of the first statement, the court proceeded to evaluate the defence presented by Mohd Nawawi. After a thorough examination of the evidence pertaining to this defence, the court concluded that it was not successfully established. This failure to substantiate his defence was a key factor in the court's decision to rule in favour of the plaintiff, Mohd Asri.
Damages and Orders Issued

As a result of the ruling, Mohd Nawawi was ordered to pay RM250,000 in global damages, along with interest at five per cent per annum from the date of judgment until full settlement. Additionally, Mohd Nawawi was ordered to pay RM50,000 in costs to Mohd Asri. The court also mandated that Mohd Nawawi publish an apology on his Facebook account within seven days, remove the defamatory posts, and refrain from publishing further defamatory statements.

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Facebook user ordered to pay damages: What defence was rejected?

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