Malaysia

‘No apology’ says student hit with RM1.5m lawsuit by NGO leader

Student says legal action over online post feels like an attempt to intimidate him ahead of planned student anti-graft rally

Updated 1 year ago · Published on 28 May 2025 6:01AM

‘No apology’ says student hit with RM1.5m lawsuit by NGO leader
Muhamad Fadhil also took issue with the public circulation of his legal notice, - May 28, 2025

by Jason Santos

A UNIVERSITI Malaysia Sabah (UMS) student facing a RM1.5 million defamation lawsuit from a prominent local activist said he won’t apologise, describing the legal move as “excessive” and “intimidating.”

Muhamad Fadhil Muhamad Kasim, 25, confirmed receiving a legal notice last week from Datuk Zulkarnain Mahdar — president of the NGO Sekretariat Gerakan Bangkit Sabahan — over remarks he made on Facebook criticising Zulkarnain’s decision to organise a rally on the same dates as a planned student protest.

In the post, Fadhil referred to Zulkarnain as “orang tua bodoh memilih untuk kekacauan” — a term he now says reflected his frustration over what he saw as a deliberate clash of events of their Gempur Rasuah 2.0 rally on June 21 and June 22.

“I stand by that statement. He (Zulkarnain) chose to hold his rally after we had already announced ours,” Fadhil said. 

“This isn’t the first time it’s happened. I expressed my frustration — and now I’m being dragged to court?” he added.

He also took issue with the public circulation of his legal notice, which included his personal details. The document was later shared via a local news portal.

“I’m just a student. I don’t have a big platform. Making my name and address public like that feels more like a warning to others than a genuine legal complaint,” he said.

Zulkarnain filed the suit following Fadhil’s remarks and those of another activist, Tandiko Dalusin, who he alleges made defamatory comments against him on social media, including Facebook, TikTok, and YouTube.

The comments, Zulkarnain said, included terms such as “syaitan” and “palui” — phrases which he claims have damaged his reputation.

Fadhil, however, believes the legal move raises questions about freedom of expression — especially when student voices are involved.

“He can say it’s not political. But when a public figure uses the courts to go after students for criticism, people will draw their own conclusions.”

The student protest group, Suara Mahasiswa UMS, had scheduled its Gempur Rasuah Sabah 2.0 rally for June 21–22 as a follow-up to its original anti-corruption protest held on December 31 last year.

That earlier rally, near the Sabah administrative complex Menara Kinabalu, coincided with the arrival of Zulkarnain’s group and a separate government event — both of which, students say, were announced after their initial plan went public.

The rally was held in response to an ongoing corruption scandal linked to mining projects involving several state politicians.

Neither the NGO nor the government has formally responded to claims of event timing overlaps.

Zulkarnain has not addressed why the legal notice bearing Fadhil’s personal information was circulated publicly.

Efforts to reach him for further comment were unsuccessful at the time of writing.

As for the lawsuit, Fadhil remains defiant.

“If criticising someone in power can land you in court for RM1.5 million, what kind of message does that send to other students? “Are we not allowed to speak anymore?” he said. - May 28, 2025

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