THE contempt of court decision by the Federal Court last Friday, which found the news portal Malaysiakini guilty, evoked more emotion than the article that led to the comments that got Malaysiakini into trouble in the first place.
Imposing a fine of RM500,000 – more than the RM200,000 that was moved by the Attorney General’s Chambers – the portal was given three days to settle it.
A task that may seem Herculean, seeing that two of those days fall on a weekend.
However, Malaysians came to the rescue of the nation’s oldest news portal and, in a matter of hours, raised more than RM552,000.
What is perhaps the most successful and fastest crowdfunding drive this country has seen, it would appear that, in the court of public opinion, the people have a different verdict.
It would not be out of place to interpret this massive public demonstration as an indictment on what the people think of the decision; or their faith in the judicial system or that freedom of information and the press is under threat.
After all, why would the attorney-general bring the case to the Federal Court and not the high court, where there is no cause for appeal in the former?
Under the current environment, it would not be wrong to assume that press freedom is vulnerable, but should this be the case study for an attack on the press?
Malaysiakini was not fined for an article that it carried – it was fined for allowing (albeit inadvertently, at that) contemptuous and slanderous comments from readers.
And, since they are defamatory and contemptuous comments against the judiciary and the chief justice, one would not be wise to repeat them here.
But, is it defending press freedom when one is asking to allow readers who hide behind pseudonyms and Gmail accounts to spew nonsensical remarks, unsubstantiated allegations and conspiracy theories against individuals – be they politicians, judges or any random person? And allow the news organisation to bear the responsibility for their words?
One must be reminded that the article that evoked much headache for Malaysiakini was a mundane June 9, 2020, Bernama report “CJ orders all courts to be fully operational from July 1” on the chief justice announcing that courts will be reopened for business after being shut during the recovery movement control order (RMCO) period to address the Covid-19 pandemic.
This followed an earlier report on the prosecution withdrawing all 46 corruption and money-laundering charges against Tan Sri Musa Aman and the resulting acquittal of the former Sabah chief minister by the high court.
Several readers – five in particular – decided to rail on the chief justice and the judicial system in the comments section of the Bernama report.
Their mischief was only discovered three days later when the editors were alerted by Bukit Aman. And the offensive posts were taken down in 12 minutes!
But this was not sufficient and the rest, as they say, is history.
Here at The Vibes, we are well aware that readers comments are not easy to moderate or monitor, which is why there is a registration process to abide by before posting comments.
We believe that freedom of speech must be tempered with the responsibility to account for your words. Meaning, we welcome constructive, fact-based criticisms on any person, agency or system but will not tolerate slander, untruths and name-calling.
So, let us not confuse defending press freedom with the freedom to say as you please without consequences.
Unfortunately for Malaysiakini and the rest of us in the media fraternity, the five idiots who spewed scorn in their comments may have inadvertently given ammunition to those who feel existing press freedoms should be curtailed.
The lower courts will now be guided by the Federal Court decision, which includes making the press responsible for third-party comments, although, in the case of Malaysiakini, these five readers are apparently still unidentifiable.
Another cause for concern is that the “flag and take down” policy under the Malaysian Communications and Multimedia Content Code is now redundant and may not succeed in future defences.
There is a saying, Malaysians do not know how to handle their freedom. And this is one example where the ones paying the price is the quest for free media and, ironically, free speech. – The Vibes, February 22, 2021
Terence Fernandez is managing editor of The Vibes and editor in chief of Petra News
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