This follows a decision today by a three-member Court of Appeal bench led by Justice Has Zanah Mehat to reduce the quantum of damages, setting aside the High Court’s award of RM250,000 each in aggravated and exemplary damages to the Port Dickson MP.
Has Zanah instead substituted the High Court’s order with a global amount of RM600,000 in general and aggravated damages.
The Kuala Lumpur High Court had earlier ordered TV3 and the then Media Prima Bhd news and current affairs, radio and television network group managing editor Shaharudin Abd Latif to pay a total sum of RM1.1 million to Anwar – RM600,000 in general damages, and RM250,000 each in aggravated and exemplary damages.
“We allow TV3’s appeal in part. We vary the award in the (High Court) order dated May 14, 2018, by setting aside the award for exemplary damages and the separate award for aggravated damages,” she said.
Has Zanah, who presided with Justices P Ravinthran and Indera Mohd Sofian Abd Razak, heard TV3’s appeal on the quantum of damages via video conferencing. The television station had withdrawn its appeal on liability.
Has Zanah also ordered each party to bear their own costs of appeal.
In 2018, High Court Judge Ahmad Zaidi Ibrahim allowed Anwar’s defamation lawsuit against TV3 after finding that the television station had failed to practise responsible journalism when it did not seek verification on the authenticity of the news before airing it in its Buletin Utama on March 2, 2013.
Besides TV3, Anwar had also named Utusan Melayu and then Utusan Group editor-in-chief Abdul Aziz Ishak as defendants in his suit, but on Oct 5, 2016, Anwar reached an agreement with Utusan Melayu to settle the case.
His case against TV3 proceeded as both sides could not reach a settlement.
Anwar sued them over the articles “Opposition Leader Linked To Intrusion?” and “Three Groups Were Responsible”, which were published in Utusan Malaysia on March 2, 2013.
He alleged that between 8pm and 9pm on the same day, TV3 and Shaharudin broadcast the news on the Lahad Datu intrusion based on the Utusan Malaysia newspaper reports in Buletin Utama.
In the appeal proceedings today, TV3 counsel Liew Teck Huat said the court should award a global sum of damages to Anwar and not give separate awards for general damages and aggravated damages.
Lawyer J Leela, representing Anwar, argued that the quantum of damages awarded by the High Court was not excessive based on the gravity of the defamatory allegations.