Defamation - Whether The Photograph Mistakenly Published In A Newspaper Article Was Defamatory

CASE:

Penerbit Sahabat (M) Sdn Bhd & Anor v Kalairasi Arumugam [2016] 1 CLJ 30

BRIEF FACTS:

• The respondent ("Kalairasi") sued the appellants ("PSSB") for defamation due to a misprint on an article in a newspaper known as Malaysia Namban (Sunday edition) owned and published by PSSB.
• PSSB was alleged to have published an article relating to an interview between one Sarathi Krishnan, a local actor, dramatist and singer, and one Sujatha, also a local actress.
• Sujatha, during the interview, had narrated her experiences in the performing arts and her life.
• However, when the article was published, PSSB had accidentally published the picture of Kalairasi in place of Sujatha.