KUALA LUMPUR – The Federal Court has found Malaysiakini guilty of contempt, while its editor-in-chief, Steven Gan, was found not guilty in a suit brought by Attorney-General Tan Sri Idrus Harun.
The seven-member panel, chaired by Court of Appeal President Rohana Yusuf, said that Malaysiakini should have been aware of the comments posted on its news portal, seeing that it has an impressive editorial team structure, among others.
She said, as a result, it is not possible for such a structured system not to have taken notice of the comments.
She added that this case serves as a reminder for the public not to attack the judiciary through online comments.
Malaysians must use their discretion when posting remarks online, she said.
Other members on today’s panel are Chief Judge of the High Court of Malaya Tan Sri Azahar Mohamed, Chief Judge of Sabah and Sarawak Datuk Abang Iskandar Abang Hashim, and Federal Court judges Datuk Seri Mohd Zawawi Salleh, Datuk Nallini Pathmanathan, Datuk Vernon Ong Lam Kiat and Datuk Abdul Rahman Sebli.
It was a 6-1 majority decision with a dissenting judgment by Nallini.
The apex court is now hearing submissions from Malaysiakini and the Attorney-General’s Chambers before sentencing.
The AGC is seeking a RM200,000 fine against the news portal while Malaysiakini is pleading for a fine of between RM20,000 and RM30,000.
After a short break, the apex court fined Malaysiakini RM500,000, with the sum to be paid within three days from next Monday.
Following the sentencing, the Malaysiakini news portal’s landing page now appears in black and white.
According to the site, this is the first time Malaysiakini is being cited for contempt of court in its 21-year history.
Following the court’s ruling, Gan was quoted as saying: “We were not punished for our journalism. We were punished for comments posted by our readers.”
“We hope that Malaysians will contribute to our fund. Openness to critical views is a sign of a strong and healthy institution.
“For 21 years, Malaysiakini has relied on the generosity of the public to continue its mission. We again call upon Malaysians to come to our aid.”
Currently, there is no legal limit to the penalties for contempt of court.
Malaysiakini is represented by lead counsel Malik Imtiaz Sarwar while senior federal counsel S. Narkunavathy appears for the Attorney-General’s Chambers.
Last June 15, Idrus filed committal action against the news portal.
On July 13 last year, the Federal Court heard submissions from both parties on the merits of the committal action and went on to reserve its judgment. – The Vibes, February 19, 2021
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