DAP parliamentary leader Chong Chieng Jen failed in his appeal against a defamation ruling by the Sarawak state government, and the Court of Appeal has increased the damages he must pay.

Background
Back in 2018, Chong—serving as Sarawak DAP chair and Kuching MP—alleged that the state administration granted lucrative contracts to political “cronies” without proper tender procedures. The state government then filed a defamation suit against him.

High Court Ruling
By mid-2022, the Kuching High Court found Chong’s claims to be unsubstantiated and damaging to the government’s reputation. It ordered him to pay RM200,000 in damages and an additional RM10,000 in legal costs. Chong argued his remarks were made in good faith on a matter of public interest and sought to lower the award.

Court of Appeal Decision
This week, a three-member Court of Appeal bench unanimously rejected Chong’s challenge, finding that:
• He exceeded the scope of fair comment and qualified privilege by accusing the government of “cronyism” without evidence.
• Open public debate does not protect reckless or baseless allegations.
• Given the seriousness of the statements, the original damages award was too low.

Consequently, the appellate court raised the damages to RM400,000 and ordered Chong to cover RM20,000 in additional costs.

Reaction
Chong said he is disappointed and is considering taking the matter to the Federal Court. He maintains that questioning transparency in Sarawak’s contract awards was his duty as an elected representative. The state government’s legal team welcomed the verdict, stating it reinforces that public figures must verify facts before making damaging accusations.

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