PETALING JAYA: Umno Youth chief Dr Akmal Saleh defamed DAP vice-chairman Teresa Kok by accusing her of repeatedly undermining national harmony and subjecting her to personal insults over her criticism of a proposed halal certification policy, the Melaka High Court stated.
Judicial Commissioner Isa Aziz Ibrahim said Akmal’s remarks went beyond legitimate political debate and carried a serious defamatory implication against Kok.
“The said video did carry a severe defamatory sting that the plaintiff habitually and continually destabilises national harmony,” he said in his grounds of judgment dated Oct 19 when ruling on Kok's defamation suit against Akmal.
The case stems from a video Akmal posted on TikTok, Facebook and Instagram in September 2024 after Kok questioned a proposal to make halal certification compulsory for restaurants and food businesses that did not serve pork or alcohol.
Kok had warned that the proposal could burden businesses, particularly smaller operators. Akmal responded by calling her an “old nyonya,” telling her to keep quiet, and suggesting that a “non-halal” label be placed on her forehead.
The judge rejected Akmal’s defence of fair comment, saying there was no factual basis for his allegation that Kok habitually disrupted national harmony.
“A defendant cannot invent or extrapolate unproven facts and comment upon them,” he said.
Isa also rejected Akmal’s claim of qualified privilege, citing the wide dissemination of the remarks and the personal attacks against Kok.
He noted that Akmal admitted recording the video in anger without seeking clarification, and that his primary motive was to attack Kok personally.
Akmal also kept the video online and neither apologised nor retracted his remarks.
The court also dismissed the argument that Kok had provoked the dispute through her Facebook post.
“An imperfect translation or unfortunate word choice by an elected official is not a licence for an opponent to execute an unevidenced character assassination,” Isa said.
The judge awarded Kok RM250,000 in general and aggravated damages.
He also ordered Akmal to remove the video from his social media accounts within seven days, barred him from republishing the defamatory remarks or words to the same effect, and ordered him to pay RM50,000 in costs.