CEO Morning Brief

Rosmah Obtains Judgement in Default Against TikToker for Libellous Post on Her Looks

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Publish date: Wed, 29 May 2024, 10:45 AM
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TheEdge CEO Morning Brief
Photo by Zahid Izzani/The Edge

KUALA LUMPUR (May 28): Datin Seri Rosmah Mansor on Tuesday obtained a judgement in default (JID) from the High Court, against the owner of a TikTok account who had made a libellous post over her looks.

Judge Datuk Ahmad Shahrir Mohd Salleh granted the JID, after 34-year-old defendant Ku Muhammad Hilmie Ku Din, the owner of the TikTok account known as 'CEO Hilmie Fighter', did not enter an appearance in the case.

Ahmad Shahrir ordered the general, aggravated, and exemplary damages to be assessed by the High Court later.

Rosmah's lawyer Sureshmurthi Ramani told Ahmad Shahrir that Ku Hilmie was not present, and hence, the plaintiff was also withdrawing its application for an injunction against him.

Rosmah, 72, in a suit filed via Messrs Hafarizam Wan & Aisha Mubarak in the High Court on Sept 19 last year, claimed that Ku Hilmie had made a defamatory Tik Tok posting against her, but deleted the TikTok posting later and allegedly made another one.

Rosmah alleged that the defendant on March 2 last year uploaded a video recording that contained the defamation post that had received likes and invited insults and criticisms of her looks.

Rosmah complained that the posting in its ordinary or normal meaning meant that she had committed a sin, was connected to activities linked to bomoh (shaman) and Satan, that she should repent for her sins, had practised polytheism that is against Islam, and that she was bad.

Furthermore, she alleged that the meaning of the post was that she had practised something against Islam for her own benefit, was a hypocrite, a liar, and cannot be trusted, was cruel and inhumane, as well as not a Muslim who followed the religion and instead wallowed in sin.

Following the post, Rosmah is seeking aggravated and exemplary damages, alleging that Ku Hilmie had posted something that tarnished her reputation as the wife of former prime minister Datuk Seri Najib Razak, and was a patron of various Malaysian non-govermental organisations.

She said that the defamatory post had attracted attention, as the TikTok account could be read and accessed by many people.

Rosmah alleged that on April 7 and Aug 16, 2023, her solicitors had sent a notice of demand, where she sought Ku Hilmie to cease and desist from further coming out with defamatory posts against her, for him to make an unequivocal apology, and retract the statement in two national newspapers of her choice, as well as pay appropriate damages and costs for the posting.

However, since the filing of this writ and statement of claim, Ku Hilmie had not replied to the allegations made against him, resulting in the suit being filed.

Hence, Rosmah is seeking general, aggravated and exemplary damages to be assessed by the court, and the injunction, which has now been withdrawn, to bar Ku Hilmie or his assistants from repeating the defamatory post, in addition to other relief deemed fit by the court.

Source: TheEdge - 29 May 2024

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