Question
Bobby is an advocate and solicitor of the High Court of Malaya. Bobby was the lead counsel for one of the accused in a high-profile
Bobby is an advocate and solicitor of the High Court of Malaya. Bobby was the lead counsel for one of the accused in a high-profile murder case involving Datuk Mala, a public figure. In the proceedings of the afternoon of May 13, 2017, Bobby cross-examined two police personnel on allegations of abuse and torture of the accused persons, asking questions on how the police conduct their interrogations and investigations and on the issue of violence. On the same day, Faiz, a Member of Parliament for the constituency of Padang Serai, contacted Samad, a journalist from Berita Pantas newspaper, and television station TV70, offering his views on Bobby's earlier cross-examination of the police personnel in the murder trial. Faiz conducted a telephone interview with Samad. Following the telephone interview, Samad wrote in one of the columns in Berita Pantas an article entitled "Bobby selalu burukkan kerajaan". The article further provides the following statement: "Peguambela suspek kes pembunuhan Datuk Mala, iaitu Bobby Dhut yang mewakili tertuduh, didakwa sentiasa cuba memburukkan imej institusi kerajaan demi kepentingan politik pembangkang." This column covers news which is of public interest and which affects the internal and external relations and security of the country. The article was published the very next day after the cross-examination was conducted by Bobby. Faiz also gave a statement over the phone, which was recorded by the broadcaster of TV70. Faiz said the following statement: "Hujah Bobby Dhut yang mengatakan polis bertindak keras terhadap tertuduh menampakkan usaha peguam itu untuk campur tangan bidang kuasa kepolisan. Pada masa yang sama, kenyataan itu dijangka diambil peluang oleh pembangkang untuk memanipulasi isu terbabit demi kepentingan politik mereka". A clip of the murder trial and the telephone interview with Faiz were then aired on TV70 prime time news. A photograph of the plaintiff with the caption 'Diselar' across the photo was displayed during the broadcast. Bobby found both the article and the broadcast to be defamatory and affect his profession as a lawyer.
Advise Bobby on the possible legal action that he may initiate against the parties. Provide related act and cases for each points (20 marks)
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