By The Malketeer
A Landmark WhatsApp Win for Media Professionals
In a watershed moment for digital-era contract law, veteran journalist Frankie D’Cruz has been awarded over RM200,000 in compensation after the Sessions Court ruled that a contract formed via WhatsApp was legally binding and enforceable.
This judgment doesn’t just vindicate one journalist—it affirms the legitimacy of digital agreements and delivers a sobering message to businesses and start-ups alike: promises made via messaging apps can carry legal weight.
A Digital Deal Gone Sour
At the heart of the dispute was an editorial role D’Cruz was offered by Siva Kumar Ganapathy, who claimed a mandate from the Sarawak state government to launch a news portal—SarawakMirror.com—ahead of the 2021 state elections.
According to court filings, Siva Kumar engaged D’Cruz via WhatsApp, offering him the role of editor, a competitive monthly salary, and 3% equity in Double Solaris Sdn Bhd, the company behind the portal.
Relying on these assurances, D’Cruz turned down a separate offer from a Canadian media firm—and even paid RM39,585 to acquire the promised equity.
But the opportunity never materialised. The editorial role did not proceed. The equity stake was never honoured.
D’Cruz was left without compensation, despite having foregone other offers and invested his own money in good faith.
Courtroom Clarity: What the Judge Decided
Presiding Judge Halilah Suboh ruled decisively in D’Cruz’s favour.
The court determined that a valid, enforceable contract had indeed been formed through WhatsApp messages—citing Section 10(1) of the Contracts Act 1950, which recognises agreements made with mutual consent and lawful consideration.
Crucially, the court also acknowledged a formal letter of appointment issued by Asia PR Sdn Bhd—dated August 22, 2019—which further supported D’Cruz’s claim of professional engagement beyond informal communication.
Why This Matters for the Industry
This case holds wide-ranging implications for Malaysia’s media and communications ecosystem and beyond.
In an industry defined by speed, remote collaboration, and project-based work, digital conversations are often the norm.
But until now, many professionals have found themselves vulnerable—especially when “handshake” deals via chat apps are broken without consequence.
This ruling changes that.
By recognising WhatsApp exchanges as enforceable contracts, the Sessions Court has delivered a powerful precedent: digital dialogues are no longer too casual to count.
Legal counsel for D’Cruz, Haaziq Pillay, said the decision affirms that “professionals working in good faith will not be left uncompensated”—especially when tangible sacrifices, such as turning down other offers or investing personal funds, have been made.
A Wake-Up Call to Founders and Agencies
This verdict sends a clear warning to founders, entrepreneurs, and project initiators across media, start-ups, and digital platforms: “Let’s sort it out later” is no longer a valid excuse.
If you’re engaging someone for professional services—particularly if they’re giving up other opportunities to support your venture—you must provide transparency, proper documentation, and timely fulfilment of promises.
This includes:
Whether it’s discussed over email, Zoom, or WhatsApp, your word matters.
What It Means for Freelancers and Consultants
The ruling also strengthens the hand of freelance journalists, editors, creatives, and consultants, whose contributions are often overlooked in project-based environments.
As traditional newsroom models evolve and the freelance economy expands, this legal precedent may pave the way for others to assert their rights in similar cases.
No longer can founders assume that digital engagement equals plausible deniability.
For Frankie D’Cruz, this victory is about more than the RM200,000 award.
It’s about principle. It’s about drawing a line in the sand against vague promises, broken deals, and elusive accountability.
It is a reminder that respect for media professionals—and all professionals—must extend beyond the boardroom, and into every message we send.
In today’s hyper-connected world, where deals are struck on the go and decisions are often made via smartphone, this judgment reinforces an age-old truth:
Your word—once sent—can become your bond.
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