Malaysia

Interpret law with caution, judiciary told after Mkini guilty verdict

Better to do away with ‘rebuttable’ presumption in Evidence Act 1950, says lawyer

Updated 5 years ago · Published on 20 Feb 2021 3:55PM

Interpret law with caution, judiciary told after Mkini guilty verdict
The Federal Court yesterday found Malaysiakini guilty of contempt, but editor-in-chief Steven Gan escaped a guilty verdict in the suit brought by Attorney-General Tan Sri Idrus Harun. – The Vibes file pic, February 20, 2021

KOTA KINABALU – The judiciary has been urged to be cautious in interpreting the law after news portal Malaysiakini was found guilty of contempt yesterday.

Sabah Law Society president Roger Chin said the article in question published by the site was inoffensive, adding that irresponsible third parties were the ones who posted defamatory and derogatory comments targeted at the judiciary.

“There is little to no cause to believe that Malaysiakini or its officers were the authors of the comments.

“Despite learned members (of the Federal Court) concluding that the news portal or its officers were not the authors of the derogatory comments, Malaysiakini was still found liable because of a presumption found in Section 114A of the Evidence Act 1950.

“This section provides that the owner or editor of a publication is presumed to be the publisher unless the contrary is proved. It was on the back of this presumption that the majority of the Federal Court judges found Malaysiakini liable for contempt of court.

“With the greatest respect to the bench, this is a rebuttable presumption. The comments were removed by Malaysiakini within minutes of being informed, and there is little doubt that neither the site nor its officers were the authors or publishers of the derogatory comments.

“The bench expressed its dissatisfaction that the comments were able to bypass the site’s speech filters. The reality is that human ingenuity – even when employed for dubious ends – will easily bypass automated text filters.

“A further reality of the present information age is that there will always be anonymous comments and means of hiding one’s identity.”

Hence, the society urges the judiciary to be cautious in its interpretation and application of section 114A of the Evidence Act 1950.

“It would be even better if there is a legislative reform to do away with this presumption, thus necessitating the need to prove the owner or editor of a publication be the publisher rather than shifting the burden of proof to prove the contrary,” Chin said.

He added that the majority decision of the Federal Court has the unfortunate effect of placing an onerous burden on online publishers to engage in a constant battle to police their commenters.

“The net effect will likely be stifling if these publishers are required to practise strict policing, reviewing and editing of comments by third parties, which will ultimately lead to the curbing of freedom of speech.” – The Vibes, February 20, 2021

Related News

Malaysia / 1y

Malaysiakini reporter detained by MACC

Malaysia / 4y

Umno sues Mkini, Awani for RM25 mil each over ‘defamatory’ reports

Malaysia / 4y

[UPDATED] Court rejects Malaysiakini’s bid to review contempt verdict

Malaysia / 5y

Will top court’s binning of Mkini defamation suit hamper local journalism?

Malaysia / 5y

Federal Court trashes Mkini appeal against gold miner’s defamation suit

Malaysia / 5y

Guan Eng wins RM600,000 in defamation suit against blogger Raja Petra

Spotlight

Malaysia

Bersama suspends Nik Nazmi from party activities for three months

Malaysia

‘We have better things to do than orchestrate khalwat raids’ - Amirudin

Malaysia

Social media posts ‘emerge’- defending Ismail after Tuanku Muhriz’s public rebuke

World

Trump’s Muhammad joke about Iran presidency falls flat at Georgia rally

Health

Haze can cause life-threatening lung inflammation in cats and dogs, vet warns

World

Australia detects deadly H5N1 bird flu on Macquarie Island, threatening elephant seals

Malaysia

Agong warns against using social media to spread hatred, insult others

Malaysia

Nik Nazmi acknowledges he is the individual detained by JAIS

You may be interested

Malaysia

Police probe suspected concealment of birth after baby’s remains found in Terengganu drain

Malaysia

PH state assemblymen urge NS State Legislative Assembly to convene immediately

Malaysia

Court hears RM40m in Khazanah, PNB investments paid into Fashion Valet accounts

Malaysia

Customs officer found dead in quarters; Husband surrenders to police

Malaysia

PDRM awaits Philippine confirmation on alleged politician’s role in 521kg drug seizure

Malaysia

AKPS officer was seeking divorce before alleged killing, says brother

By Alfian Z.M. Tahir

Malaysia

Home Minister: Authorities step up refugee oversight as police record 199 Rohingya-linked crimes

Malaysia

Retiree loses RM42,580 to fake ustaz’s RM300k money-doubling scam