12 Laws of Malaysia ACT 286 Agreements for indemnity 15. An agreement for indemnifying any person against civil liability for libel in respect of the publication of any matter shall not be unlawful unless at the time of the publication that person knows that the matter is defamatory, and does not reasonably believe there is a good defence to any action brought upon it. Evidence of other damages recovered by plaintiff 16. In any action for libel or slander the defendant may give evidence in mitigation of damages that the plaintiff has recovered damages or has brought actions for damages, for libel or slander in respect of the publication of words to the same effect as the words on which the action is founded, or has received or agreed to receive compensation in respect of any such publication. Consolidation of actions for libel 17. (1) Upon an application by two or more defendants in actions in respect to the same or substantially the same libel brought by one and the same person the court or a Judge may make an order for the consolidation of such actions so that they shall be tried together. (2) After any such order has been made and before the trial of the said actions the defendants in any new actions instituted in respect of the same or substantially the same libel shall also be entitled to be joined in a common action upon a joint application by such new defendants and the defendants in the action already consolidated. (3) The court or a Judge may, in the case of the same or substantially the same libel published simultaneously in a number of newspapers or copied shortly after publication, give notice to the plaintiff in any action or actions arising out of such libels that a period stated in such notice will be allowed for the discovery of any further publications of such libel in order that the whole of the actions arising out of such libel may be tried together, and after such period has expired no further action shall be instituted in respect of the publication of such libel except for the recovery of special damages.

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