KUALA LUMPUR – The latest Federal Court judgment concerning a defamation case involving Malaysiakini may make reporting a challenging endeavour for journalists, according to prominent senior lawyer Datuk Seri Rajan Navaratnam.
He said the apex court’s judgment prohibits publications from relying on the reportage defence and Reynolds defence simultaneously.
A reportage defence can be relied upon when a publication quotes sources, but makes it clear that it does not believe in the truth and accuracy of the article, and is merely reporting in a neutral fashion.
The Reynolds defence is relied upon when a publication asserts that its obligation to report is a matter of public interest.
“Now, as per the Federal Court’s judgment, journalists relying on the Reynolds defence must take reasonable steps to verify the contents of the article,” Rajan said when contacted.
“Additionally, journalists are also required to show that the steps taken to verify the assertions are reasonable and fair.”
The Federal Court also referred to Malaysiakini’s defence, which stated that the claimant, Raub Australian Gold Mining Sdn Bhd, refused to comment when asked for clarification and verification of the facts.
Despite their refusal, the court was of the view that it does not give journalists the liberty to publish defamatory statements, said Rajan.
With regard to the reportage defence, he said, failing to report a story in a “fair, disinterested and neutral way”, results in a journalist forfeiting their right to the defence.
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“The Federal Court majority judgment further states that a journalist cannot rely on both (the) Reynolds and reportage defences simultaneously, but must elect one.
“The minority judgment, however, said otherwise. The defence and reportage, and responsible journalism are not separate and distinct.”
On his thoughts on the judgment and its impact on local journalism, Malaysiakini CEO Premesh Chandran merely said to refer to previous articles on his publication for comment.
According to a Malaysiakini article titled “Federal Court orders Mkini to pay RM550k in mining company defamation suit”, Premesh commented that the apex court’s split judgment will serve as a fertile ground for debate.
The minority judgment took note of Commonwealth nations’ support towards the critical role media agencies play in voicing public concerns, he added.
“In these times of crisis, and with so many people facing extreme hardship, it is critical that the media speaks up and holds those in power to account.
“Hence, we will continue with our duty to report news and views that matter, without fear or favour, with accuracy and balance.
“Malaysians deserve no less. Given the dire situation in the country, we will not be asking for public donations. It is more important that families are kept afloat.”
National Press Club president Datuk Ahirudin Attan, popularly known as Rocky Bru, told The Vibes that this judgment goes to show the risks journalists must take on a daily basis to convey news to the public.
“In carrying out our duty to inform the public, in search of the truth, there will always be attempts to deny answering our questions.
“This may compel us to resort to speculation, where we come to conclusions based on established facts.
“We know of the risks. I don’t speak for Malaysiakini, but we will continue to take risks in pursuit of the truth and doing our duties.” – The Vibes, July 7, 2021
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