Can A Bankrupt Be Sued For Defamation?

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asked on Mar 10, 2021 at 09:30
I am currently being sued as alleged fb admin for a facebook page posting in 2016. I tried to strike off the case on the basis of the wrong defendant is being sued but it wasn't approved. Therefore, I cannot stop worrying since it is almost impossible for me to find proof to show that I am not the admin or to defend the posting which I dont know the exact details of the story. 

I am thinking of the worst case scenario. If I lose this case, it will cause other 'victims' of the fb page to sue me. I cannot afford it financially, and emotionally. 

Therefore, I am planning to file for bankruptcy if I lose the case. My question is, will my status of a bankrupt stop any other defamation lawsuit against me in the future?

I am 37 years old, a civil servant. 

Thank you
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5 Answers

answered on Mar 10, 2021 at 10:47
edited Mar 10, 2021 at 10:52
by   jeff005
@ kurt5301

Can a Bankrupt be sued for defamation?

The basic answer to the above Q.. is YES

I am planning to file for bankruptcy

To file for a Debtor Petition is not as simple as what people think.
For your situation (without case details tendered) your application for self bankruptcy will fail. The bkcy court would not approve.

In any case, the other litigants could file differently, could be criminal charges and not only defamation. JIM DGI would allow those cases to be file in court, as in unique cases, criminal charges can be in place which means penjara (if convicted) and/or heavy fines, and if the defendant cannot pay all the fines as a result of the lawsuit. So, hiding behind a bankrupt status would not save anyone's skin from criminal charges even though he/she has no moneys to pay.

Being an Administrator of a website, webpage or chat groups have enormous legal responsibility. Admin must edit, regulate the postings of members, otherwise it is deemed as an accomplice of any defamation or criminal charges. One may have the constitutional rights of free speech, the same rights is also bestowed to the other parties (to launch lawsuits). Everything has been outlined under MCMC Laws. The same is extended to Administrators of private chat groups.

This maybe why one previous chat group administrator that have posted vulgar meanings and connotations of threats levied directly at me inside this public forum, have been removed (or self removal) thus affecting all other members of their group.

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answered on Mar 10, 2021 at 14:27
@ kurt5301

"which I dont know the exact details of the story." 

You should have applied to strike it off based on the fact that the details were not properly tendered in the originating summons (saman pemula).
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answered on Mar 10, 2021 at 22:16
Thank you Jeff005

I honestly belief is this case is being investigated under criminal investigation, they will have no case against me. 

The problem being is they are using hearsay as 'evidence' to implicate me.

Thank you Remymikael

The details are tendered. But I cannot defend myself as I dont know the background of the case to properly defend myself
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answered on Mar 11, 2021 at 22:13
edited Mar 11, 2021 at 22:37
by   jeff005

they are using hearsay as 'evidence' to implicate me.
It is not easy to sue a person for defamation based on FB postings esp if it is posted by members of a FB registered website. There are T&C of FB on the different types of webpages that was generated. Under certain criteria, FB will not authenticate the posts for lawsuits.

I have actually started a discussion on defamation lawsuits but lack the energy to complete it as there was some pressing researches for a new friend who was threatened to be bankrupted.

Sharing with you, I was actually involved in a defamation lawsuit (in Thailand) last year, that why I had made more meaningful research on this topic. My case was between 2 feuding parties of which I was a common friend. One party is a Dutch Investor (D) married to a Thai woman, the other was a Thai couple ( A & B) who are owners of a small factory producing sauce. I was a friend of B on a JV before. I was implicated in the lawsuit because D posted and share some pics of bottles with mouldy substance in the opened bottles of sauces direct to my personal FB webpage with the caption "Look I told you they have quality issues with their production".

(A) took a screenshot of the post and filed a lawsuit for defamation against (D) with my name mentioned within. The police and the court allowed that lawsuit. D bought a ticket for me to go Thailand to help mediate the case. (A) refused to be bulged and even threatened me.

So okay I leave Thailand. Before I left I promised to help (D) provided he would NOT counter-sue if he wins. Even his lawyer told him that he might lose due to Thai Laws. We spend several days gathering evidences to dispute and contest the lawsuit. And I filed one testimony in Thai Court before I left Thailand.

The testimony was, my FB friends was less than 50 people and all are Malaysians who are of same age and retirees and do not understand or speak Thai language. Any postings in my FB webpage would have no impact on the business of the factory as it is not sold in Malaysia and it was a personal msg to me and I did not share it out to my friends and have deleted it after discovery. The fact is "he told me only and not others".

The same was on the Dutch man's FB. We filed the T&C of FB within too.

In the end, the Judge threw out the case with the verdict " no financial harm to the sauce business ". "We" won.. !!

It may not be related to your case. But harm could have caused to your litigant if it is shared or posted into his Public Image Commercial FB webpage. And you could not possibly stop it immediately if without your knowledge at that time. However you should have deleted it once you discovered that post, that would stopped all "shared posts". You have to read the T&C of Malaysian FB usage. It cannot be based on just hearsay evidence.

The current MCMC laws introduced the past 2 years does affect even what was posted and shared is true accusations /facts. It is the act of slandering another party which criminalize the case esp when the litigant is a politician. Since the post was in 2016, check if any laws have been enacted on this type of posts. What did your lawyer advised you?

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answered on Mar 14, 2021 at 13:40
Thank you Jeff005

I hope that everything will go well and I can win this. I guess I am just worrying too much.
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