Tropicana wins defamation suit over viral video of damaged unit

Screenshots of a video showing the buyer's representative, Tan Song Kwan, smashing parts of a defective Tropicana KLCC property. KUALA LUMPUR: Tropicana Corporation Bhd and its subsidiary Tropicana Residences Sdn Bhd have won a defamation suit against Tan Song Kwan over viral videos showing him damaging a condominium unit with a sledgehammer.

Judicial Commissioner Nixon Kennedy Kumbong today awarded the two companies RM300,000 as a global sum for general and aggravated damages, plus RM50,000 in costs.

The damages carry interest at 5% per annum from July 11, 2019, the date the writ was filed.

The suit arose from a dispute over defects in a unit at Tropicana’s KLCC development, after Tan, acting as a representative of a purchaser, took matters into his own hands and smashed parts of the property.

The incident was filmed and circulated widely on social media, appeared in newspapers and was broadcast on national television.

In finding Tan liable, Nixon held that the plaintiffs were expressly identified in the videos and statements, which repeatedly referred to Tropicana and its representatives.

The court also found that publication had been established through evidence that the videos were circulated on Facebook and WhatsApp, broadcast on NTV7 and with screenshots appearing in The Sun and Chinese-language newspapers.

Two independent witnesses testified that they saw the videos before Aug 25, 2019, with one describing them as having gone viral among people following property matters.

The judge rejected Tan’s contention that the plaintiffs had recorded the videos and negligently allowed them to be disseminated.

Regarding malice, Nixon said Tan’s preparations before the incident – including obtaining a sledgehammer, helmet, gloves and goggles – supported the finding that he had acted maliciously.

Tan had also admitted that he had prepared to smash the unit.

The court rejected his reliance on freedom of speech under Article 10(1)(a) of the Federal Constitution, noting it was subject to legal restrictions, including laws against defamation.

The plaintiffs were represented by Nicholas Kow, Emile Ezra Hussain and Nur Amelia Izlyn, while Tan was represented by Jessie Koh.