Islamic NGO heads to apex court over ruling on societies’ defamation rights

Malaysia's Islamic NGO, Pertubuhan Ikram Malaysia, is seeking a review of a recent Court of Appeal ruling that denied societies the right to sue for defamation due to a lack of legal personality and reputation. The NGO has filed an application for leave to appeal to the Federal Court, posing 10 legal questions that it claims meet the criteria under Section 96 of the Courts of Judicature Act 1964.

Only cases presenting a novel constitutional or legal question of public importance are granted leave to appeal to the apex court. Pertubuhan Ikram's public officer, Mahdzir Isa, supported the appeal application filed on July 22. The Court of Appeal dismissed Pertubuhan Ikram's appeal on June 24, stating that the NGO could not maintain a defamation action due to its lack of legal personality and no reputation that could be protected.

The Court of Appeal's decision was based on the Federal Court's 2022 ruling in Lim Lip Eng v MCA, which held that political parties could not sue individuals for defamation. Pertubuhan Ikram's defamation suit against independent Islamic preacher Ridhuan Tee Abdullah was filed by Mahdzir over three Facebook posts that alleged the society and its members were traitors, anti-Islamic, and politically aligned against the religion.