KUALA LUMPUR (June 27) The High Court has rejected Bloomberg (Malaysia) Sdn Bhd’s bid to strike out the defamation suit filed by Bestinet Sdn Bhd and its founder Datuk Sri Aminul Islam Abdul Nor over reports alleging migrant worker exploitation tied to the company.
Delivering his ruling on Friday, High Court judge Roslan Mat Nor stated that Bloomberg (Malaysia)’s pleadings regarding the disputed article “Everyone Gets A Cut, And Migrant Workers Pay The Price” required further scrutiny at trial, and therefore the matter could not be resolved summarily through affidavits.
Bestinet Defamation Suit Widens
The judge noted that issues needing closer review included whether Bloomberg (Malaysia) was directly involved in publishing the article, or whether it exercised control over or operated the primary Bloomberg website.
The court also ordered RM5,000 in costs.
During submissions earlier Friday, Datuk Amer Hamzah Arshad, counsel for Bloomberg (Malaysia), emphasized that in any libel action, the key element is publication of the impugned article or remarks.
The AmerBON Advocates lawyer argued his clients were not responsible for publishing the disputed article in Malaysia or elsewhere.
He pointed out that the Bloomberg website clearly identifies Bloomberg LP — the New York‑based parent company — as the operator and publisher of the article.
Therefore, he said, the defamation claim against his clients was unsustainable.
Plaintiffs’ lawyer Ravi Nekoo of Lui & Bhullar countered that Bloomberg (Malaysia) was not wholly separate from its parent company and bore some responsibility for the article’s publication.
Ravi added that Bloomberg (Malaysia)’s claim of having no editorial control and merely providing local support services for its parent company must be tested at trial.
Alongside Bloomberg LP and Bloomberg (Malaysia), Bestinet and its founder are suing eight other parties, including Malaysiakini, The Edge, former MACC chief Latheefa Koya, and Pandan MP Datuk Seri Rafizi Ramli.
The suit stems from Bloomberg’s January report on Bestinet’s management of the Foreign Worker Centralised Management System (FWCMS), used to process foreign worker entry into Malaysia.
Bestinet and Aminul Islam contend the statements were defamatory, inaccurate, and caused serious harm to their reputation.
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