PUTRAJAYA (Feb 19): The Court of Appeal on Thursday partially allowed the appeal by a preacher to reduce the quantum of damages to be paid to former health minister Khairy Jamaluddin Abu Bakar from RM2.5 million to RM830,000 over defamatory postings the preacher had made about Covid-19 vaccinations, ruling that the era of granting huge sums for defamation damages has passed.
On April 18, 2025, the High Court had ordered Mohd Rasyiq Mohd Alwi to pay RM2 million in general damages over the eight postings he had made. In addition, the court also awarded RM250,000 in aggravated damages and another RM250,000 in exemplary damages.
A three-member Court of Appeal bench led by Datuk Mohamed Zaini Mazlan said the appeal in this matter was only on quantum, and the bench unanimously allowed Mohd Rasyiq’s appeal, in part to reduce the quantum, but reminded the preacher that as a religious preacher, he should have a high standard of care and responsibility when making public statements.
“Society accords a significant degree of trust, respect and moral deference to individuals who hold religious authority. Members of the public, particularly those within the appellant's following, are naturally and reasonably inclined to accept the pronouncements of a preacher as truthful and morally grounded.
“It is precisely because of this elevated trust that the appellant (Mohd Rasyiq) bore a greater, not lesser, duty to verify the accuracy of his statements before disseminating them to others. By choosing to publish unverified, false and defamatory allegations against the respondent (Khairy), the appellant not only abused his position of moral authority but also exploited the trust and deference that society reposes in religious figures,” the judge said.
He agreed with other members of the bench that exemplary damages should be awarded due to this. However, the bench reduced the original quantum from RM250,000 to RM80,000.
Reduced general damages
Zaini, who sat with Court of Appeal judge Datuk Ahmad Fairuz Zainol Abidin and High Court judge Datuk Ahmad Shahrir Mohd Salleh, said that while the bench agreed with the High Court’s judgment that the defamatory statements are serious against Khairy Jamaluddin — with eight distinct postings made — the quantum of RM2 million was considered excessive.
The judge added that the claims made by the preacher implied dishonesty, deception and falsification of vaccination records against the respondent, who was health minister at the relevant time.
“The bench recognises that there were eight distinct publications, and [each is] actionable on its own. We are of the view that the respondent is entitled to damages for each publication. However, when evaluating quantum, some factors need careful consideration.
“General damages in defamation are intended to compensate, not to enrich. There was a period when our courts awarded damages amounting to millions in successful defamation cases. That era has ended, and we do not wish to see it return. Damages in defamation cases are meant to be compensatory and not to generate a windfall.”
Zaini said given there were eight publications or postings on social media, the bench was mindful of the need to ensure that the plaintiff is not enriched from the damages awarded and they must remain proportionate and in line with prevailing judicial trends.
For this reason, the bench reduced the sum of RM2 million in general to RM500,000.
Aggravated damages maintained
On aggravated damages, Zaini said the court found that Mohd Rasyiq had made the statements when Khairy was health minister, and that the world was facing a severe pandemic, namely Covid-19.
“His libel not only damaged the respondent’s reputation, but could also impact the public, as his libelous postings might discourage some from receiving the vaccine.
“Furthermore, damages multiply when the defence of justification fails, which was the case here. We also noted that the appellant was recalcitrant, as his alleged apologies border on cynicism,” he said in maintaining the High Court’s award of RM250,000 in aggravated damages.
In Thursday's proceedings, Khairy was represented by counsel Abdul Rashid Ismail, while Lejerod Limpuong appeared for Mohd Rasyid.
In his judgement last year, High Court judge Datuk Raja Ahmad Mohzanuddin Shah Raja Mohzan had said that Khairy, along with former director general of health Tan Sri Dr Noor Hisham Abdullah, were entrusted to lead the government's agenda of "preserving lives and livelihoods", which included assuring the public that the vaccination would work.
"What would be the perception of society towards the plaintiff after the defendant made defamatory statements that could undermine such public confidence?" Raja Ahmad Mohzanuddin had asked.
Mohd Rasyiq made the defamatory posts between October 2021 and January 2022.
The defamatory statements concerned vaccination requirements for Malaysians performing their umrah, Khairy's personal vaccination status and the vaccinations for his children. One of the posts was also accompanied with a picture of one of Khairy's children, a minor.
Khairy filed the suit in January 2022, when he was still health minister. The trial took place over two days in February last year, with Khairy and Noor Hisham testifying.
Raja Ahmad Mohzanuddin noted that the proceedings were protracted due to Mohd Rasyiq's request to change lawyers. There were 11 case managements, including the mediation process from November 2023 to December 2024 before the court entered judgment.