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EXPLORING LEGAL REMEDIES
In 2023 , the Department of Business Law and Taxation partnered with the Malaysian Bar Council to organise two symposiums to advance academic research with intellectual contributions from experts and practitioners of the legal community .
Apology as Remedy for Defamation 2 June 2023 PARTNER : Malaysian Bar Council
Based on the research paper “ The apology as a remedy in defamation in Malaysia and Hong Kong ” by Dr Abdul Majid and Dr . Ridoan Karim , the symposium delved into the significance of court-ordered apologies , proposing nuanced criteria for their application alongside monetary damages .
Panellists
• Justice Evrol Mariette Peters ( High Court Judge of Kuala Lumpur ( Family ), Malaysia )
• Saraswati Shirke Deo ( Founder & Principal , Sara Deo & Co )
• Nahendran Navaratnam ( Senior Partner , Navaratnam Chambers
• Dr Abdul Majid ( Monash University Malaysia )
• Dr Ridoan Karim ( Monash University Malaysia )
• Moderator : Justice Datuk Vazeer Alam Bin Mydin Meera ( Judge of the Court of Appeal , Malaysia )
Key insights
Panellists emphasised the importance of apologies in restoring plaintiffs ’ reputations and dignity . There was consensus among speakers regarding the essential components of a court-ordered apology , including admission of fault , retraction of defamatory statements , expression of regret , and demonstration of genuine remorse .
Tort on Invasion of Privacy in Malaysia 23 October 2023 PARTNER : Malaysian Bar Council
Based on the research paper “ It is time to recognize the tort of invasion of privacy in Malaysia ” by A / Prof Adnan Trackic , Dr Ridoan Karim and Dr Hanifah Haydar , the symposium highlighted the imperative for statutory privacy protection in Malaysia .
Panellists
• Justice Datuk Harmindar Singh Dhaliwal ( Judge of the Federal Court of Malaysia )
• Saraswati Shirke Deo ( Founder & Principal , Sara Deo & Co )
• Vinodhan Kuppusamy ( Principal , Vinodhan Kuppusamy )
• A / Prof Adnan Trakic ( Monash University Malaysia )
• Moderator : Justice Datuk Vazeer Alam Bin Mydin Meera ( Judge of the Court of Appeal , Malaysia )
Key insights
Our panellists concluded that recognizing invasion of privacy as an actionable tort in Malaysia is crucial . They discussed both courtled development and legislative enactment as means to achieve this , acknowledging that court development alone could be timeconsuming . However , they also recognised that the process of bringing the right case to the apex court could be lengthy and costly . Despite differing views on the approach , there was a unanimous call for invasion of privacy to be recognised as an actionable independent tort . p 45