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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