RSF Condemns Malaysian Court Ruling in Defamation Case Targeting Investigative Journalist Clare Rewcastle Brown

The Federal Court of Malaysia has dismissed British investigative journalist Clare Rewcastle Brown’s final appeal in a civil defamation lawsuit brought by the Sultanah of Terengganu. This ruling upholds a December 2023 decision that she must pay RM 300,000 (approx. £52,800) in damages and RM 135,000 in legal costs—totaling over RM 435,000 (£76,600)—after being found civilly liable for erroneously listing the Sultanah in her 2018 book on the 1MDB corruption scandal.

Rewcastle Brown had corrected the mistake soon after publication, clarifying that it was the Sultan’s sister — not his wife — associated with a businessman involved in 1MDB. Despite this, the Federal Court’s refusal to consider her appeal as of September 10, 2024, effectively ends her legal options in the civil case.

Beyond the civil matter, Rewcastle Brown also faces criminal charges. In February 2024, she was sentenced in absentia to two years in prison on defamation counts — a conviction she has appealed. The trial was conducted without her knowledge, and her inability to properly defend herself prompted international calls to overturn the verdict.

Reporters Without Borders (RSF) harshly condemned the Federal Court’s rejection of the appeal as a “chilling” move designed to intimidate journalists who cover corruption. Fiona O’Brien, RSF’s UK bureau director, labeled the defamation lawsuit “nonsensical,” asserting the true intention behind it is to silence independent reporting and set a warning for others.

RSF also criticized the fact that Rewcastle Brown was tried in absentia, citing procedural injustices that denied her the right to defend herself, calling the case “Orwellian”. The organization urged Malaysian courts to overturn both the criminal conviction and the financial penalty, and appealed to the British government to press for justice for its citizens.

Once ranked 73rd in RSF’s World Press Freedom Index, Malaysia has since fallen to 107th in 2024—a sign of worsening conditions as defamation and libel laws are increasingly weaponized against investigative journalists.

The unresolved criminal sentence looms as a serious threat: if enforced, Rewcastle Brown could face imprisonment abroad, creating a dangerous precedent for state-led legal repression of journalists. RSF’s condemnation underscores the urgency for Malaysia to reaffirm its commitment to press freedom, fair trial standards, and transparency.