KUALA LUMPUR – In light of the Federal Court’s decision to find news portal Malaysiakini guilty of contempt over readers’ comments, two lawyers are at odds on whether contempt should be codified under legislation.
Senior lawyer Mohamed Haniff Khatri Abdulla told The Vibes that the apex court’s ruling has extended the responsibility of the media to moderate public comments or statements on its site that may amount to ridiculing a court’s decision.
He believed that it is time Parliament came up with legislation to clarify ambiguities where judges have the discretion to decide what amounts to “contempt of court”.
“With due respect, subject to reading the judgement, this needs to be studied. Perhaps the authorities should study these gray areas of contempt and come out with a proper law passed by Parliament to determine what is contempt and how contempt can be defined.
“It’s time the law of contempt be codified. It must not be left in the gray because it will put parties in a confused state.
“It is time for a proper committee to be set up with assistance from the Attorney-General’s Chambers and the Malaysian Bar to codify contempt laws.”
Meanwhile, human rights lawyer Siti Kasim disagreed that contempt of court should be codified.
She believed that allowing Parliament to come out with a law defining contempt of court will grant the executive more power to curtail freedom of speech in the country.
“This will give more room to the powers that be to limit our freedom of speech. Cicero’s famous quote ‘the more laws, the less justice’ invites us to consider the critical contribution of law in the search for justice.
“What are the limits to law as an answer to our social, environmental, economic, personal ills? Can law challenge structural inequalities and injustices?”
At the same time, she shared her concerns over the future of Malaysia’s freedom of speech, saying that the size of the fine, which is more than double than the RM200,000 the prosecution asked for.
Siti added that this decision could push the public from openly voicing out their opinions on online platforms, leaving the government blind when it comes to grassroot sentiments.
“With so many platforms available now, people are already talking privately about their dissatisfaction. This one chance for the government to know the heartbeat of the rakyat is now lost.
“There is something seriously wrong when we are not allowed to criticise decisions made by our judiciary when they are supposed to be our last bastion against the executive.”
She added that the only time freedom of expression comes with some restrictions is when company secrets – such as customer data or production processes – as well as military and national security matters are disclosed.
“Similarly, the government may restrict freedom of expression during a state of emergency or war, as well as the spreading of lies and defamatory comments or incitement of violence, discrimination or murder – which is punishable by law in most countries.
“The readers’ comments on the judiciary are said to be ‘unwarranted attacks on the judiciary’. From a different angle, it could also be the rakyat’s dissatisfaction with the judiciary.
“Malaysiakini is fined RM500,000. This is more than double what the prosecution asked, which was RM200,000. To say that it is excessive is an understatement,” she said. adding that the court should never have gone after the news portal or its readers.
At the same time, the British High Commission as well as the Canadian High Commission had posted a joint statement of solidarity with the Malaysiakini portal on Twitter.
“We are concerned about today’s verdict against Malaysiakini.
“Media freedom is of fundamental importance to the security, prosperity and wellbeing of all societies. People must be allowed to discuss and debate issues freely,” said British High Commissioner Charles Hay and Canadian High Commissioner Esther Van Ness.
Similarly, former Malaysian Bar president Datuk Ambiga Sreenevasan believed that the Federal Court’s decision on Malaysiakini “will have a frightening impact on the future of Malaysia’s freedom of expression”.
“I am deeply saddened and shocked by the decision of the Federal Court not just in the finding of contempt against Malaysiakini but also in the size of the fine. This will have a chilling effect on the freedom of speech and on the public and is a blow to an already fragile democracy.
“It is the last thing we need. I will be contributing to the Malaysiakini fund to raise the fine.
“The ramifications of this decision on the press and social media are too huge to even contemplate,” she said. – The Vibes, February 19, 2021
