10
Laws of Malaysia
ACT 286
in which the said libel appeared should be ordinarily published at
intervals exceeding one week, had offered to publish the said
apology in any newspaper to be selected by the plaintiff in such
action.
Reports of judicial proceedings
11. (1) A fair and accurate and contemporaneous report of
proceedings publicly heard before any court lawfully exercising
judicial authority within Malaysia and of the judgment, sentence
or finding of any such court shall be absolutely privileged, and any
fair and bona fide comment thereon shall be protected, although
such judgment, sentence or finding be subsequently reversed, quashed
or varied, unless at the time of the publication of such report or
comment the defendant who claims the protection afforded by this
section knew or ought to have known of such reversal, quashing
or variation.
(2) Nothing in this section shall authorize the publication of
any blasphemous, seditious or indecent matter or any matter the
publication of which is prohibited by law.
Qualified privilege of newspapers
12. (1) Subject to the provisions of this section, the publication
in a newspaper of any such report or other matter as is mentioned
in Part I of the Schedule to this Act shall be privileged unless the
publication is proved to be made with malice.
(2) In an action for libel in respect of the publication of any
such report or matter as is mentioned in Part II of the Schedule
to this Act, the provisions of this section shall not be a defence
if it is proved that the defendant has been requested by the plaintiff
to publish in the newspaper in which the original publication was
made a reasonable letter or statement by way of explanation or
contradiction, and has refused or neglected to do so, or has done
so in a manner not adequate or not reasonable having regard to
all the circumstances.
(3) Nothing in this section shall be construed as protecting the
publication of any blasphemous, seditious or indecent matter or of
any matter the publication of which is prohibited by law, or of any
matter which is not of public concern and the publication of which
is not for the public benefit.
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