The suit concerned a Sin Chew Daily article, published on Sept 1, 2020, which claimed that Khairuddin Aman Razali, then plantation and commodities minister, had travelled abroad during the height of the movement control order (MCO), imposed during the Covid-19 pandemic.

Judicial commissioner Asmah Musa, who allowed an appeal by Khairuddin, awarded him RM35,000 in general damages and RM10,000 in aggravated damages.

She also awarded Khairuddin RM5,000 in costs, with 5% interest from the date of the judgment until the amount is fully paid.

Asmah said that journalism is protected by qualified privilege, but this must come with the responsibility to verify facts, maintain a balanced tone and use imagery carefully.

“The increasing prevalence of online publications, rapid information circulation and the ease of misinterpreting images heighten the need for caution,” she said in her judgment published on the judicial website.

She said the conduct of Sin Chew Media Corp, publisher of Sin Chew Daily, fell below the standard expected of a professional media organisation, as it had failed to verify the facts before publishing.

“The law will protect freedom of expression, but not at the expense of factual accuracy or fairness,” she said in the 12-page judgment.

The daily published the article on its online platform, which included Khairuddin’s personal photo from a 2016 trip to the Netherlands, but linked it to his 2020 trip to Turkey.

The photo was also posted on Sin Chew’s Facebook page, where it was widely shared.

Khairuddin contended that the publication was false, defamatory, reckless and sensational.

He said the respondent had failed to take any steps to verify the date or origin of the photograph and had not contacted him to seek comment before publication.