KUALA LUMPUR – The operator of a hot springs recreation park in Jasin, Melaka, has filed a lawsuit against Bernama and Astro Awani, alleging that reports on a suspected leptospirosis cluster linked to their premises were defamatory.
The park, operated by APJ Leisure Sdn Bhd, filed a statement of claim at the Kuala Lumpur High Court on October 4. The claim concerns articles initially published on June 12, titled ‘33 Pengunjung Kolam Air Panas Jasin disyaki dijangkiti wabak leptospirosis’ (33 visitors to Jasin Hot Springs suspected of being infected with leptospirosis).
According to court documents, APJ Leisure stated that 27 individuals from a Melaka school visited the park on June 5 for a water therapy programme. The visitors reportedly brought their own packed meals to the premises.
“On June 7, around 10am to 11am, the Jasin Health Unit visited the plaintiff’s premises to conduct an inspection after receiving a complaint from an individual reporting that their child experienced symptoms of fever after visiting the premises. The inspection focused on the chlorine and pH levels of the pool water.
“Around 9pm on the same day, an individual named Dr Khairul visited the plaintiff’s premises and informed the plaintiff’s staff member, Mohd Sobri A Raheem, that he had received information from the Ayer Keroh Health Clinic regarding a suspected case of leptospirosis at the premises on June 5 involving a group of students and teachers,” the statement of claim read.
APJ Leisure suggested that the symptoms experienced by the group could have been due to food poisoning or salmonella, given they had brought their own meals.
On June 10, following a visit from the Jasin district police headquarters, APJ Leisure was informed that the 27 individuals tested negative for leptospirosis.
“The official media statement by the Melaka Health Director-General dated June 12 used the term ‘suspected’, and therefore, there was no need for the defendants to refer directly to the plaintiff until final confirmation was made by the Melaka Health Department.
“Subsequently, after the Jasin district health office confirmed that there was no leptospirosis infection at the plaintiff’s premises, the defendants failed to release follow-up news clarifying that there was no outbreak and/or leptospirosis infection at the plaintiff’s premises,” the court documents stated.
The plaintiff further alleged that both Bernama and Astro Awani failed to take necessary steps to verify the facts, accusing them of irresponsible and unfair reporting.
APJ Leisure claimed that if the defendants had verified the facts, they would have known that the Jasin district police confirmed that all visitors were not infected.
In its statement of defence, Bernama said the article was based on a press release issued by the Melaka Health Department.
“If the article is read in its entirety, it would be understood that, among other things, there was a suspected cluster of 33 individuals suspected of being infected with leptospirosis at the Jasin Hot Springs.
“When the article was published, all 33 cases were still awaiting leptospirosis test results.
“Thus, there is no defamation because the first defendant was only reporting news regarding a cluster involving 33 suspected cases. For the record, it is a true fact that the Melaka Health Department identified a cluster of suspected cases at the premises.
“The article never alleged or suggested that there were confirmed leptospirosis infections at the Jasin Hot Springs,” Bernama’s defence stated.
Astro Awani, in its defence, argued that APJ Leisure failed to identify which specific statements were defamatory, asserting that the plaintiff had no reasonable cause of action.
The broadcaster added that its report did not specifically reference APJ Leisure but only referred to a “kolam air panas” (hot spring) in Jasin.
“The second defendant’s publications were based on the official media statement of the director-general of the Melaka Health Department,” Astro Awani said.
Additionally, Astro Awani contended that the Jasin district police headquarters was not the appropriate authority to confirm leptospirosis cases.
They pointed to a statement by Melaka exco member for health, human resources, and unity, Ngee Hee Sem, on June 13, which revealed that one leptospirosis case was detected during initial screening.
APJ Leisure is seeking RM50 million in general damages, RM50 million in exemplary damages, and injunctions to prevent further publication of allegedly defamatory statements by the defendants. – December 7, 2024
