KUALA LUMPUR – The Malaysian legal system allows for civil suits to be initiated against minors, much like in the RM1 million defamation case involving teenager Ain Husniza Saiful Nizam.
The 17-year-old’s case has the public asking whether minors can be sued in court.
Lawyers speaking to The Vibes answered in the affirmative, saying the law allows for anyone to initiate legal action against minors, but with limitations.
Lawyer V. Satchiananthan said the need for a litigation representative in a case involving minors is to ensure the latter is not misled by other parties.
He said if minors are sued and found liable, it is not the adult litigation representative who has to fork out the money, but minors who have to pay up.
If they are unable to pay up, it is likely that they may be declared bankrupt, he added.
Lawyer Dominic Steeven said under Section 2 of the Age of Majority Act 1971, Malaysian law prescribes that anyone under the age of 18 is considered a minor.
Malaysian law places certain limitations or conditions on a person’s capacity to be involved in legal proceedings, including minors.
“Under Order 76 of the Rules of Court 2012, minors and the ‘mentally disturbed’ are classified as persons under disability and can be involved in suits.
“However, the limitation here is that these ‘persons under disability’ must sue or be sued through a litigation representative.”
He said this representative refers to any adult – usually the parent or guardian of the minor involved.
Lawyer Premjeet Singh Gill said while minors must sue or be sued via a litigation representative, they must also go through such proceedings with a lawyer.
In Malaysia, an individual has the right to sue in person or self-representation under Order 5 Rule 6, but this does not apply in the case of minors or persons under disability.
“Persons under disability have to commence or defend an action through their litigation representative, which is governed by Order 76 Rule 2(1),” said Premjeet.
“Furthermore, under Order 76 Rule 2(3), the said litigation representative of persons under disability shall act by way of solicitor.”
hi. harini ain tiba-tiba terima surat tuntutan atas "pernyataan-pernyataan fitnah"
— ain #MakeSchoolASaferPlace (@ant33ater) August 4, 2021
dlm surat ni ain diberi 7 hari untuk untuk semua tuntutan ni, antaranya untuk membayar RM1,000,000 dalam gantirugi.
all i ask is semua doakan urusan ain dipermudahkan :') #MakeSchoolASaferPlace
On August 4, Ain Husniza said she received a RM1 million defamation suit.
“I suddenly received a letter of demand for ‘defamatory statements’,” tweeted the Form 5 student.
“In the letter, I was given seven days to respond to the demands, including settle RM1,000,000 in damages.”
Her father, Saiful Nizam Abdul Wahab, said the letter of demand was sent by lawyers representing the male teacher who allegedly made rape jokes in class.
Her lawyer, Datuk Sankara Nair, said his client has a case to counter sue, and that he has advised her to file a RM5 million countersuit.
Police are investigating the teenager under Section 504 of the Penal Code for insulting with the intention to provoke public peace.
Her defamation suit also caught the attention of civil and rights groups, which are appalled by the letter of demand she received.
Unfortunately, Ain Husniza’s case is not the first of the law on defamation being used against women or girls experiencing sexual harassment.
The groups said in the absence of specific legislation and a redress mechanism against wide-ranging forms of sexual harassment, people who experience such harassment and violence are vulnerable to legal action by the perpetrators to “clear their name of wrongdoing” – as such, defamation suits are yet another weapon utilised by abusers to cow victims into submission.
“These victims, who are usually in less-powerful positions, are not only vulnerable to re-traumatisation, but also further harassment and unnecessary scrutiny.
“Such legal threats set a dangerous precedent. It is utterly reprehensible that a victim speaking up against a sexual violation is threatened with defamation. Allowing such claims makes a travesty of justice.
“We reiterate Ain Husniza’s right to be protected and supported, both as a survivor of sexual harassment and child whose interests, welfare and well-being should be unstintingly safeguarded.
“Out of respect for the integrity of the teaching profession, we urge the teacher in question to retract his letter of demand to Ain Husniza, and accordingly issue an apology.” – The Vibes, August 8, 2021
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