KUALA LUMPUR, Sept 30 — Datuk Seri Najib Razak’s lawyer said that they will not proceed in suing the Wall Street Journal (WSJ) if it chooses to invoke the Speech Act in the US.
The prime minister’s counsel, Datuk Mohd Hafarizam Harun, said he is expected to hear from WSJ’s lawyers based in Singapore by today.
Hafarizam explained that it would be pointless for his client to pursue a judgment here if the Speech Act is invoked, as the law protects American companies from having to abide by any court rulings made outside of the US.
“Isn’t that a futile exercise?” he told reporters outside a courtroom here.
The Speech Act, which stands for Securing the Protection of our Enduring and Established Constitutional Heritage deems judgments inconsistent with the US First Amendment unenforceable.
The law also prohibits US courts from recognising decisions where a foreign court’s exercise of jurisdiction does not meet due process requirements.
Hafarizam said the only way his client can circumvent the Act – if invoked – is to prove that media freedom and judicial independence in Malaysia is on par with the US.
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