KUALA LUMPUR: The High Court here has ordered a social media user to publish an apology to fashion entrepreneur Christy Ng and her company in two newspapers within four days over defamatory statements he posted online.
Justice Arziah Apandi made the order during committal proceedings today after hearing submissions from Ng's lawyer, Foong Cheng Leong, and an explanation from the defendant, J Vikneshvra Rau.
Foong submitted that Vikneshvra Rau, 36, had failed to comply with a Feb 13 court order requiring him to publish a full-page, unconditional apology in two newspapers.
Vikneshvra Rau, who is self-employed, said he had been unable to comply because of financial difficulties, detailing his outstanding bank loans and other financial commitments.
"I'm willing to comply, but it's just that I do not have anything under my name to pay for it, to issue an apology in the newspaper," he said, adding that his car and house payments had been overdue for four months.
Asked whether his family members or friends could help him, he said his family, including his former wife, had distanced themselves from him, while his friends had left him.
Foong objected, arguing that Vikneshvra Rau had not filed any document to substantiate his claim of financial hardship.
However, Arziah said she found merit in his explanation, noting that he had given a detailed account of the amounts he owed to banks.
"I find that the plaintiffs (Ng and her company, Christy Ng Sdn Bhd) have not proven beyond reasonable doubt that the defendant is in contempt of the court order, and that I don't think he is deliberate in not complying, but because of his financial situation and mishaps in life," she said.
She directed Vikneshvra Rau to prepare an apology in court immediately, with its wording to be acceptable to the plaintiffs, and have it published in two newspapers within four days.
The judge also ordered the plaintiffs to pay the publication costs upfront, with Vikneshvra Rau required to reimburse them once he was informed of the amount.
If he was unable to pay, the amount would be added to the costs previously awarded against him.
The court warned that if he failed to comply with the latest direction, he would have to appear again on Nov 2 for further directions on the contempt proceedings, including the possibility of imprisonment or a fine.
The suit arose from statements Vikneshvra Rau posted on his Threads account, “archnionverse”, in November last year about Ng’s business practices.
On Feb 13, the court entered a judgment in default of appearance against the defendant. He subsequently posted an apology on Threads on March 19 but failed to comply with the requirement to publish it in two newspapers.
On July 30, following an assessment of damages, the High Court awarded Ng and her company RM180,000 in global damages, with a 5% annual interest and RM10,000 in legal costs.