Apex court hears contempt case against Malaysiakini

KUALA LUMPUR • Malaysia's top court heard yesterday a contempt suit brought by the government against independent news portal Malaysiakini and its editor-in-chief over readers' comments posted on its website, in a case widely seen as a test of press freedoms.

Rights groups have accused Prime Minister Muhyiddin Yassin's government of stifling dissent after clampdowns against critics of his four-month-old administration.

Last month, Malaysia's Attorney-General filed an application to cite Malaysiakini and its editor-in-chief Steven Gan for contempt over five comments posted by readers on its website that allegedly undermined public confidence in the judiciary.

Malaysiakini and Mr Gan, who could face a jail term as well as a fine, have maintained they could not be held responsible, and that the offending comments had been immediately removed after they were contacted by police.

At yesterday's hearing, Malaysiakini's lawyer, Mr Malik Imtiaz Sarwar, argued that there was no evidence that the portal intended to post the comments.

"One shouldn't be shooting the messenger unless one can actually show that the messenger is the creator of the message being delivered," he told the court.

Government lawyer S. Narkunavathy told the court Malaysiakini should be held liable for facilitating the publishing, arguing that the portal's filtering systems had been insufficient to prevent the comments from being posted.

"We say that they exercise control over the platform and, as such, they have to assume responsibility to expeditiously remove any comment that is adverse," she said.

Federal Court Judge Rohana Yusuf said Malaysia's highest tribunal needed more time to deliberate before reaching a decision.

The case comes as police questioned six employees of Qatar-based broadcaster Al Jazeera over a documentary on Malaysia's detention of undocumented migrants.

The authorities say the documentary is inaccurate, misleading and unfair. Al Jazeera says it stands by the professionalism and impartiality of its journalism.

Other Malaysians have also recently been taken to court over their online postings, including for criticising the country's coronavirus lockdown measures.

The authorities have defended the migrant arrests as necessary for public health and order, amid rising anger towards foreigners and refugees who have been accused of spreading the coronavirus and taking up scarce state funds.


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A version of this article appeared in the print edition of The Straits Times on July 14, 2020, with the headline Apex court hears contempt case against Malaysiakini. Subscribe