How does the GPA 1956 empower government lawsuits?

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The Government Proceeding Act 1956 Empowers Government Lawsuits Through Statutory Rights

The Government Proceeding Act 1956 (GPA 1956) explicitly grants the government, including public entities, the authority to initiate civil legal action, specifically in matters of defamation. This statutory provision, particularly Section 3, provides the government with the same rights as private individuals to pursue legal claims, enabling them to take civil action against defamatory statements.
Statutory Right to Sue Conferred by Section 3 of GPA 1956

Section 3 of the GPA 1956 serves as the foundational legal basis for the government's ability to engage in civil litigation. This special act, passed by Parliament, was designed to equip Federal and State Governments with the explicit right to commence legal proceedings against individuals. This empowers government bodies to enforce their rights through the courts, mirroring the legal standing afforded to private citizens.
Departure from Common Law Principle on Government Defamation Suits

The legal standing for governments to sue for defamation under the GPA 1956 marks a departure from the common law principle established in the United Kingdom. Previously, a landmark ruling in Derbyshire Country Council v Times Newspaper Ltd & Ors held that government bodies should not have the right to sue for defamation, arguing that such a right would be contrary to public interest and could stifle open criticism of government. The Malaysian Federal Court's decision in Chong Chieng Jen v Government of State of Sarawak & Anor in 2019, however, affirmed the statutory right to sue, indicating that statutory provisions can override established common law.
Application of Common Law and Statutory Law in Malaysia

The application of English common law in Malaysia is governed by Section 3 of the Civil Law Act 1956. This section mandates that courts apply the common law of England only where circumstances permit and where no specific statutory law exists. Consequently, the development of common law in Malaysia after April 7, 1956, for West Malaysia, is primarily determined by the country's own courts and legislative enactments, allowing for statutory provisions like the GPA 1956 to shape legal precedent.
Freedom of Speech and its Limitations

While Article 10(1)(a) of the Federal Constitution guarantees freedom of speech, this right is subject to restrictions outlined in Article 10(2)(a). This provision allows Parliament to enact laws deemed necessary, which includes legislation addressing defamation. Therefore, the right to criticise the government, while fundamental in a democratic system, is not absolute and does not extend to slander or defamation, with individuals expected to exercise their rights responsibly.

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How does the GPA 1956 empower government lawsuits?

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