KOTA KINABALU – The United Progressive Kinabalu Organisation (Upko) expressed its concern over the Federal Court’s decision to fine Malaysiakini RM500,000 for contempt of court.
Party president Datuk Seri Wilfred Madius Tangau, deputy president Datuk Donald Mojuntin, and vice-president Datuk Ewon Benedick said in a signed statement that the law of contempt of court should also be reviewed and the Parliament and select committees be allowed to meet.
They said the verdict inhibited freedom of expression via media spaces, which was one of the foundations of a democratic society.
“It (the verdict) has set a precedent deterring both the media and individuals from exercising their right and freedom of speech and expression,” they said.
Paragraph nine of the press summary of the majority decision was cited as particularly alarming: “Ultimately, Malaysiakini is the owner of its website, publishes articles of public importance, and allows subscribers to post comments to generate discussions.
“It designs its online platform for such purpose and decides to filter the usage of foul words and relies on all the three measures it has taken.
“In other words, the first respondent designs and controls its online platform in the way it chooses.
“It has full control of what is publishable and what is not.
“In doing so, it must carry with it the risks that follow from allowing the way its platform operates.”
Upko also asked if such extreme measures were required to maintain public confidence.
“If the ruling is the inevitable consequence of interpreting our laws, then Upko calls upon parliamentarians for urgent scrutiny of related laws.
"We urge Attorney-General Tan Sri Idrus bin Harun to advise on the repeal of Section 14 on parliamentary sitting in the Emergency (Essential Powers) Ordinance 2021,” said the statement.
Upko called upon members of the Parliamentary Special Select Committee (PSSC) on fundamental liberties and constitutional rights to hold an unofficial meeting even before Parliament resumes its functions.
It said that all other concerned MPs were also invited to the extended group, to function like an unofficial cross-party caucus.
Upko said it was pleased to notice Umno leaders have voiced their concern on the Malaysiakini verdict.
“It is time for Umno parliamentarians to join opposition MPs to defend freedom of expression,” said the statement.
It said that the unofficial meeting initiated by PSSC, or a new caucus, can begin the groundwork to review legal provisions related to online expression and contempt of court, in preparation for law reform in this aspect when the suspension of Parliament is lifted.
“Media practitioners, members of the three Bar associations, academics and relevant civil society groups can and should be fully involved by providing their professional views on the matter.
“Upko believes that parliamentarians can continue to function through deliberation, hearing, and research in finding institutional, legal, and policy solutions even when their constitutional capability is suppressed.” – The Vibes, February 21, 2021
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