SHAH ALAM - A social media influencer has been ordered by the Kuala Lumpur Sessions Court to pay RM150,000 in damages for defaming a senior lawyer in a video she produced and posted online.
According to a report by a local online news portal, judge Yasmin Abdul Razak found that Colin Andrew Pereira had on a balance of probabilities proven that Ivor Lim had defamed him.
In her decision, Yasmin also ordered an injunction restraining Lim from publishing the defamatory statement against Pereira.
Lim was also ordered to pay RM7,000 in costs.
What is the case about?
The legal dispute began when Lim, a practising lawyer at a legal firm in Penang at the time, published a video criticising the legal industry in Malaysia.
In her video, she alleged that "one of the reasons why the legal industry in Malaysia is so toxic is because of the senior lawyers."
She also made a remark about Pereira, saying: "But this guy named Colin suddenly woke up and chose violence."
Pereira, a lawyer with over 30 years of experience, found these statements defamatory and took legal action.
In his statement of claim filed on June 8, 2022, he argued that when viewed in totality, the statements suggested that he contributed to the toxicity in the legal profession and supported violence.
He also claimed that Lim allowed comments from others which were defamatory to him to be posted.
Lim’s defence
Lim defended herself by arguing that her comments were not meant to be taken literally.
She cited "woke up and chose violence" as a commonly used internet slang phrase, which she claimed was not intended to imply that Pereira supported actual violence.
She also relied on the legal defences of justification and qualified privilege, but these arguments were not sufficient to sway the court in her favour.
Why this case matters
The case showed the legal responsibilities of social media influencers and content creators.
While platforms like Instagram, TikTok, and YouTube provided freedom to express opinions, the content shared must not cross the line into defamation.
In Malaysia, defamation laws are clear: any statement that damages a person’s reputation in the eyes of society can potentially lead to legal action against the person who made the statement.