High Court clears PAS MP of defamation over Facebook posts

GEORGE TOWN: The High Court has overturned a lower court ruling finding PAS’s Alor Setar MP Afnan Hamimi Taib Azamudden and two others liable for defaming businesswoman Hanini Siron, holding that the two social media posts in question were not defamatory.

Justice Choong Yeow Choy, in delivering his decision, said: “The first posting, read fairly and objectively, sets out an explanation about (Kedah) menteri besar (Sanusi Nor)’s presence at Juru Auto City, on why he was there, and a denial of ‘test drive’.”

He noted that Hanini deleted her original post about Sanusi after Afnan’s explanation.

On the second post, the judge said: “It adopts an exaggerated and satirical tone referring to alleged political operatives and coordinated political attacks, which the defendant concluded with a disclaimer that it made no reference to anyone.”

The ruling set aside the sessions court’s decision, which had ordered Afnan, the Harakah Daily chief editor, and publisher Galeri Media Serbanika Sdn Bhd to pay RM100,000 in damages.

Hanini filed the suit claiming she was defamed in two Facebook posts made five years ago.

On June 6, 2021, Afnan – then political secretary to Sanusi – issued a statement on Sanusi’s behalf denying Hanini’s allegation that Sanusi had gone to a Ford showroom in Penang to test-drive a four-wheel drive during the Covid-19 lockdown.

Afnan later published another post, satirical in tone, commenting on alleged political attacks against Sanusi on social media without naming anyone.

The High Court concluded that the postings amounted to clarification and satire rather than defamatory remarks.