On 18 August 2005, the High Court awarded prominent dissident Anwar Ibrahim damages against Khalid Jafri, author and publisher of the book, 50 dalil mengapa Anwar tidak boleh menjadi Perdana Menteri ( “50 reasons why Anwar cannot be Prime Minister”).

In 1998, the author published the book and circulated it at the ruling United Malays National Organisation (UMNO) General Assembly. The author accused Anwar Ibrahim, then Deputy Prime Minister, of corruption and sexual misconduct. This initiated a cycle of events that resulted in the removal of Anwar Ibrahim from all his posts in the government.

The presiding High Court Judge, Mohd Hishamudin Mohd Yunus, in making his judgement, indicated that while the judicial trend was to not award such large quantums damages, he opined that the “facts and circumstances of this case are unique”. The court’s decision to break with the trend was in view of, among others, the “vicious and serious” nature of the accusations, the loss of reputation and income to Anwar Ibrahim and his family, and the defiant refusal of the author to apologise.

CIJ welcomes the correction of injustice, but is dismayed at this reversal of the process of rationalising libel and defamation awards initiated by a Federal Court decision on 14 August 2003. The threat of multi-million ringgit defamation lawsuits can significantly reinforce the prevailing culture of fear and self-censorship, further eroding freedom of expression in Malaysia.

This award can also be viewed as a major indictment of the report on Malaysia in 1999 issued by the United Nations Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Abid Hussein, who said such mega damages “need to be curbed”.

CIJ therefore urges that urgent reviews be made to allow a maximum award under the Defamation Act 1957. CIJ also urges the courts not to reverse the trend of rationalising awards for libel and defamation.