FACULTY OF BUSINESS AND MANAGEMENT

UNIVERSITY OF TECNOLOGIES MARA CAMPUS JENGKA

DIPLOMA IN OFFICE MANAGEMENT AND TECHNOLOGY

BA118

DEFAMATION CASE:

AMELIA TRHIPURA HENDERSON

NO NAME MATRIKS NUMBER

1. NURHIDAYAH NASUHA BINTI RIZAL 2021117189
2. HAFIZATUL FATIHAH BINTI AHMAD 2021116491
3. FATIN NURFAZIERA BINTI MOHD TERMIZI 2021125335
4. SITI AIDA BINTI ALFIAN 2021108333
5. NUR AZIANIE BINTI MOHD RAZI 2021110051

CLASS GROUP: 5B

LECTURER’S NAME: MADAM HIDAYAH BINTI AYOB

DATE SUBMISSION:

13 JULY 2023
 TABLE OF CONTENT

NO CONTENT PAGE
1. ACKNOWLEDGEMENT 1
2. INTRODUCTION 2
3. THE PLAINTIFF AND THE DEFENDANT 3-6
4. TYPES OF DEFAMATION 6-7
5. DEFAMATORY STATEMENTS AND ELEMENTS 7-9
6. COURT DECISION 9-10
7. CONCLUSION 10
8. REFERENCES IN APA STYLES 11
9. APPENDIX 12
 ACKNOWLEDGEMENT

First and foremost, we would want to express our thankfulness and praise to Allah SWT

for enabling us to finish this job. Despite a few minor conflicts among us as we worked on this

assignment, everyone in our group managed to finish it. Fortunately, every problem has been

anchored and we have been able to make wise and efficient improvements.

A special thank you to Madam Hidayah Binti Ayob, our OBM340 lecturer. Without her

direction, our project would not have been successfully finished. She consistently offers

encouragement and advice on how to finish our assignments so that we may successfully apply

the study that has been done. Our committee has decided to discuss the actress Amelia

Henderson's need to pay A. Aida Production Sdn Bhd more than RM200,000 in restitution for

breaching a drama series contract last year.

On the other hand, we also want to express our gratitude to our parents for their

unwavering support and inspiration while we worked through this assignment. not to mention our

team members who worked together to make sure this task was finished on time.

In the end, we hope that our efforts will pay off in a big way for our group initiative. We want

to express our gratitude to all of my classmates for helping us with our group project. They

constantly give us feedback and suggestions for our work, which enables us to make a range of

improvements.

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 INTRODUCTION

The Faulks Committee Report states that "Defamation shall consist of the publication

to third parties of matter in which all the circumstances would be likely to effect a person, in the

opinion of reasonable people generally, would be expected to have a negative impact on a person

under all circumstances." The publication of a statement that negatively affects a person's

reputation by leading right-thinking members of society to avoid or shun the person is known as

defamation.

Defamation can result from a number of factors, including the ways in which false

remarks are expressed. There are several ways to defame someone through actions or body

language, including writing anything that is inaccurate, verbally saying untrue things about

someone out loud, posting photographs that can bring about defamation against someone, and

gesturing.

Amelia Hendrson is the defendant in the case that we are analyzing. She is a Malaysian

actor who has defame the plaintiff in this case, A. Aida Production Sdn. Bhd. Amelia Hendrson

humiliated the plaintiff, the production business A. Aida Production Sdn. Bhd., by making a

defamatory statement on social media (Instagram). Furthermore, Amelia Hendron conveyed her

view that the plaintiff in this case, the company, was not a professional.

In every defamation case heard by the high court, the defendant will receive a penalty

order. This shows how difficult it is to win a defamation lawsuit and making a false comment can

result in someone having to pay hundreds of dollars in legal fees. Additionally, someone reputation

could be harmed in an addiction slander. As a result, we should exercise prudence when speaking

or writing. We need to think carefully before we speak.

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 THE PLAINTIFF

The individual who files the lawsuit is known as the plaintiff. As part of the litigation, a

complaint and summons must be submitted to the proper court. The burden of proof rests with

the plaintiff, who must persuade the judge that the allegations are true. The plaintiff must convince

the judge that there is a better than 50% possibility that the allegation is accurate. In criminal

situations, the charge must be established beyond a reasonable doubt. Besides that, When the

Plaintiff take action, who usually lists accusations or violations committed by the other party. In

civil action, the Plaintiff is usually an individual or a legal entity such as a company or other

organization. In criminal actions, the Plaintiff is usually represented by the State.

The plaintiff for this case is Dato Zaidah Awang. She is 53 years old. She is a Malaysian

television producer and performer. She is also the founder and managing director of Dato A. Aida

Production, a publishing company founded in 2003.

Other than that, she also has appeared in 100 dramas and three films, as well as directing

several dramas and music videos. Dato A. Aida has also worked as an assistant director and

production manager behind the scenes. In 2015, Dato A. Aida was awarded the coveted Darjah

Indera Mahkota Pahang (DIMP) medal, which carries the title of Dato' with the title Yang Hormat.

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 Amelia Henderson has been charged of defamation and contract breach by our plaintiff in

this case. The plaintiff declared that the defendant would face legal action for defamation after

making defamatory accusations about the company on social media.

Dato A aida continued the lawsuit because she was disappointed with Amelia's

unprofessional acting which caused her to suffer huge losses. In addition, Dato A aida also said

that she forgives Amelia, but she has never faced such an incident while being a producer and

she decided not to work with actress Amelia Henderson.

When asked if she would hire the 28-year-old actress again in the future, the producer
wholeheartedly said "no" because she did not want lightning to strike twice.

She also said that throughout her 25-year experience as a producer, this is the first time

she faced an artiste who pulled out from a production at the last minute, on the night before the

filming scheduled to begin. As what happened to her, she wants this to be a lesson to actors and

actresses out there. Once you have signed a contract, must honour it by fulfilling our

responsibilities. Amelia actions really unprofessional.

"Throughout my 25-year experience as producer, this is the first time I faced an artiste who
pulled out from a production at the last minute. On the night before the filming was
scheduled to begin. Never in my life have I faced this.

"If the artiste couldn't commit, at least they should have told us a week earlier and we could
have discussed about it. But this… I was informed the night before the first day of filming.
I was stunned and immediately consulted my lawyer.

" I want this to be a lesson to actors and actresses out there. Once we have signed a
contract, we have to honour it by fulfilling our responsibilities."

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 THE DEFENDANT

A defendant is a person or entity that is the target of legal proceedings, whether they

are civil lawsuits or criminal accusations. A defendant is a person or thing that is being sued or

accused of committing a crime. Additionally, it emphasizes the significance of a person versus the

plaintiff—who is the one who filed the lawsuit. Even though the act is a civil wrong rather than a

felony, the defendant is still the summoned party in the litigation.

Additionally, if the defendant is sued by the plaintiff, the defendant may bring a claim

against the plaintiff. This is referred to as a "counterclaim" and the defendant is referred to as the

"counterclaimant" or "counter-plaintiff" in these situations. The defendant is referred to as the

plaintiff.

In our case, the defendant is a well-known Malaysian actress. A.Aida Production, the

plaintiff, filed a lawsuit against her. Amelia Henderson defamed the plaintiff on her social media

by claiming that they are not professional in how they carried out their work. She also claimed

that the production lacks position and does not adhere to the terms of the contract as they have

previously discussed. Nevertheless, the plaintiff, A.Aida Production, refuted Amelia Henderson's

defamatory statements and went on to sue her.

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 Moreover, following some preliminary investigation on them. We learned that Amelia

Henderson and A.Aida production are working together for the first time on this project. A.Aida

Productions is eager to collaborate with Amelia Henderson in the future, despite the fact that their

case has been concluded.

TYPES OF DEFAMATION

There are three types of defamation, the first one is libel. Libel means defamatory

statement which is in the permanent form. The legal action for libel that may be taken where it the

publication in permanent form of a false statement which tends to expose a person to hatred,

ridicule, or contempt. It can be in writing, printing, or some other permanent form. It also not

necessary for the plaintiff to prove actual damage which can be proved with the statement being

made in the permanent form.

Next, slander. Slander means defamatory statement that was made orally, or in some

transient form of expression. The action for slander may be taken where the plaintiff can prove

that he sustained actual damage. Slander is not necessary for the plaintiff to prove that stuffed

any actual pecuniary damage which slander imputing certain infectious or contagious diseases to

the plaintiff.

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 Furthermore, innuendo. Innuendo means a statement may be defamatory by innuendo

which it may have an indirect, hidden, or extended meaning, commonly referred to as innuendo.

The plaintiff, to prove defamation by innuendo, may be required to show that although prima facie

the statement complained of does not refer to him, in all the surrounding circumstances, be

understood to do so.

The type of defamation relevant to our case is libel. In this case defamation has been

made on social media, which is Instagram where the defendant has uploaded a statement that

defames the plaintiff. The sentence is stated as "one is said to be offered to the defendant; another

is directed to be acted in the drama (Sekali lagi Cinta Kembali)." This statement can cause

defamation to the plaintiff because of the sentence used.

DEFAMATORY STATEMENTS AND ELEMENTS

False statements of fact that subject someone to animosity, mockery, or contempt, lead

them to be shunned, or harm their reputation in their line of work are considered defamatory

statements. There are several defamatory statements that can be made through writing, verbally,

pictorially, and gestures. To begin, the first way of defamatory statements being made is writing.

Writing is the act of publicizing a false assertion by writing it down or printing it on a surface using

words, letters, or numbers that provide necessary information or meaning. The next is through

verbally. Verbally distributing false statements through speaking rather than writing action.

Another way defamation statements are made by pictorially. Pictorially is a publishing false

assertion made by using or relating to images that may consist of lines and shapes drawn,

painted, or printed on a surface. Lastly, as the final ways defamation statements is made through

the gesture. Gesture in fact is any movement that has been made with part of body such as

hands or head basically by physical in order to express the attitude or emotion towards something.

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 Based on cases that we have chosen; we are very confident that the defamation

statements by defendant is writing way statements. To be clear, the statement was published by

writing it down or printing on a surface by producing words that give approval of information or

meaning. The statement of defamation was published by Amelia Henderson through her personal

Instagram @ameliath that were proven defamation statements to against A. Aida Production Sdn

Bhd. by writing the information. Dato’ A. Aida, the film production owner, claims that the

statements were made weren’t factual and the defendants published it without providing her

chance to refute it.

ELEMENTS OF DEFAMATION

Next, to consider there are few elements of defamations including “the words must be

defamatory”, “they must refer to the plaintiff”, and lastly “they must be ‘maliciously’ published. The

first elements are the words must be defamatory. It is an incorrect remark, and the statements

tend to harm the plaintiff's reputation, causing him to be shunned or avoided. The second is they

must refer to the plaintiff. The plaintiff is either identified or it is easily proven, it is not required

that the defendant is meant to refer to the plaintiff. Lastly, they must be ‘maliciously’ published.

The publication is the communication of words to at least one person other than the person

defamed. Communication to the plaintiff himself is not enough, for defamation is an injury to one’s

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reputation, and reputation is what other people think of a man, and not his own opinion of himself.

This statement must have been published with the intention of evil motive.

From the cases that we have chosen we would like to mention briefly that cases follow all

the three elements that prove defamation, first and foremost, by the words must be defamatory it

is an untrue statement, and the words tend to lower the plaintiff's reputation as from the cases,

defendant, Amelia Henderson writing a statement that tend to lower the A. Aida production

reputation that will causes to be shunned or avoided. Secondly, they must refer to the plaintiff,

and from the cases, defendant must reference the plaintiff's own production, which leads to the

name of the owner of the production, which is easily proven. Lastly, is considered they must

‘maliciously’ publish as the defendant may have intended to publish with intention of evil motive.

COURT DECISON

Amelia Henderson, whose full name is Amelia Thripura Henderson a 28-year-old actress,

has appealed the Sessions Court's ruling that required her to pay drama and film producer A. Aida

approximately RM200,000 in damages for breaking the terms of the "Sekali Lagi Cinta Kembali"

filming contract. The "Oh My English!" actress Amelia Henderson was ordered by the Sessions

Court in this city to pay A. Aida Production Sdn Bhd more than RM200,000 in restitution for

breaking a contract for a drama series last year.

Judge Zulqarnain Hassan of Sessions Court further ordered the actress to remove videos

from her Instagram page from last year that contained elements of defamation against the

production company and to publicly apologise to Datuk A. Aida, whose real name is Zaidah

Awang. In giving his decision this morning, Zulqarnain stated that the court concluded that the 28-

year-old actress, who was named as the defendant in the lawsuit, was bound by the signed

contract and that after it was signed, there was no longer any way to reject its conditions. Amelia

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had been ordered to pay the corporation RM101,325 in production costs as well as RM90,000 in

general compensation, plus 5% interest. Amelia was subsequently issued an injunction

prohibiting her from repeating or disseminating libellous statements about the production firm,

together with RM18,000 in fees, by Zulqarnain.

Amelia and Idris received the series outline from the corporation on January 17 of last

year, and eight days later, the two actors signed contracts. On July 28, Aida filed a lawsuit against

the pair, alleging that they broke the terms of the agreement by quitting before filming could begin.

Three witnesses for the plaintiff, including Aida, and three witnesses for the defence, including

Amelia, testified in court over the course of the suit's proceedings, which got underway on

November 1 of last year. The manager of the production firm, Fazeyla Ahmad, testified in court

that the company suffered damages when Amelia broke her contract.

CONCLUSION

The case's conclusion is that we can pinpoint the precise circumstances and reasons

for such libel, and it can be argued that these libel instances frequently take place in our nation

without our knowledge. As a result, we can additionally pinpoint procedures or additional

strategies for handling a defamation case. We also learned from this group endeavor that slander

and defamation can result in significant situations involving the loss of millions of dollars in

depression and depression caused by remarks that lack convincing evidence. Many people are

not aware of the risks associated with defamation proceedings, which sometimes go unnoticed

and can be significant if the slander causes someone to feel humiliated in public. We ought to be

the ones to stand up in words that can spread defamation as a result.

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 REFERENCES

Farah Solhi. (2023, April 17). Actress ordered to pay RM200,000 for breaching contract
[NSTTV]. New Straits Times. Retrieved from
https://www.nst.com.my/news/crime-courts/2023/04/897207/actress-ordered-
pay-rm200000-breaching-contract-nsttv

Bernama. (2023, May 10). Amelia files appeal against order to pay over RM200,000 in
damages to Aida. New Straits Times. Retrieved from
https://www.nst.com.my/news/crime-courts/2023/05/907953/amelia-files-
appeal-against-order-pay-over-rm200000-damages-aida#google_vignette

Nation. (2023, May 10). Amelia Henderson files appeal against order to pay over RM200,000
damages to A. Aida. TheStar. Retrieved from
https://www.thestar.com.my/news/nation/2023/05/10/amelia-henderson-files-
appeal-against-order-to-pay-over-rm200000-damages-to-a-aida

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APPENDIX

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