K. Parkaran FREE MALAYSIA TODAY Wed, August 06, 2021

In reply to the RM1 million suit filed by the teacher, the family of Ain Husniza Saiful Nizam said they would rely on the defence of fair comment and qualified privilege, among others.

PETALING JAYA: The parents of the student who is being sued by a teacher after she exposed a rape joke he had made, have decided to file a RM5 million counter suit for “intentional infliction of emotional stress by insulting her modesty”.

In a reply today to the teacher’s RM1 million letter of demand to the family, they have denied all allegations and said they would rely on the defence of fair comment, qualified privilege and all other defences available in the Defamation Act 1957.

When contacted, Ain Husniza Saiful Nizam’s father confirmed the counter demand and said his daughter was undergoing much trauma because of this episode.

Saiful Nizam Ab Wahab said he has instructed his lawyer SN Nair to file a civil suit for intentional infliction of emotional stress and will be claiming RM5 million in compensation.

Intentional infliction of emotional distress (IIED), sometimes called the tort of outrage, is a common law tort that allows individuals to recover for severe emotional distress.

“We have replied to his RM1 million suit that we are contesting. A formal letter of demand for the RM5 million compensation shall follow,” he told FMT.

On Aug 2, the teacher’s lawyer had sent his notice of demand addressed to Ain, Saiful and her mother Norshaniza Sharifudin.

The teenager, whose TikTok video detailing inappropriate rape jokes made by the teacher went viral in April, was hit with a RM1 million defamation suit by the teacher for “defamatory statements”.

“In the letter, I was given seven days to respond to the demands, including to settle RM1 million in damages,” she said yesterday.

In a Twitter post, Saiful said he had received a letter of demand from the law firm Rasshidi Ema & Yung.#

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SOURCE – FREE MALAYSIA TODAY, MALAYSIA Wed, August 06, 2021

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