High Court refuses to strike out Bestinet's defamation suit against Bloomberg Malaysia

THE High Court has dismissed Bloomberg (Malaysia) Sdn Bhd's application to strike out a defamation suit filed by Bestinet Sdn Bhd and its founder, Datuk Sri Aminul Islam Abdul Nor, ruling that material issues surrounding the publication of the disputed article require a full trial.

High Court judge Roslan Mat Nor said the case could not be determined summarily based solely on affidavit evidence, as several issues raised in Bloomberg (Malaysia)'s pleadings required further examination.

Among the matters to be determined at trial are whether Bloomberg (Malaysia) was involved in publishing the article entitled "Everyone Gets A Cut, And Migrant Workers Pay The Price", and whether it exercised control over or operated Bloomberg's main website.

The court also ordered Bloomberg (Malaysia) to pay RM5,000 in costs.

During submissions, counsel for Bloomberg (Malaysia), Datuk Amer Hamzah Arshad of AmerBON Advocates, argued that publication is the central element in any defamation claim and maintained that his client neither published nor participated in publishing the disputed article in Malaysia or elsewhere.

He submitted that Bloomberg LP, the New York-based parent company, operates the Bloomberg website and was responsible for publishing the article, as stated on the website itself, rendering the claim against Bloomberg (Malaysia) unsustainable.

Counsel for the plaintiffs, Ravi Nekoo of Nekoo, argued that Bloomberg (Malaysia) could not simply distance itself from the publication, contending that its relationship with the parent company and its role in the publication process should be examined during the trial.

He said Bloomberg (Malaysia)'s assertion that it merely provided local support services and exercised no editorial control over Bloomberg's publications was a factual issue requiring judicial determination.

Bestinet and Aminul Islam are suing Bloomberg LP, Bloomberg (Malaysia) and eight other defendants, including Malaysiakini, The Edge, former Malaysian Anti-Corruption Commission chief Latheefa Koya and Pandan Member of Parliament Datuk Seri Rafizi Ramli.

The lawsuit stems from a Bloomberg report published in January concerning Bestinet's operation of the Foreign Worker Centralised Management System (FWCMS), which manages the processing of foreign workers entering Malaysia.

Bestinet and Aminul Islam contend that the report contained defamatory and false statements that seriously damaged their reputation. - June 27, 2026