AGC: Malaysiakini has no locus standi to challenge Anti-Fake News Act

The Attorney-General's Chambers today told the High Court in Kuala Lumpur that news portal Malaysiakini has no locus standi (legal standing) to challenge the constitutionality of the controversial Anti-Fake News Act 2018.
This is because the news portal was not adversely affected by the new law, senior federal counsel Awang Armadajaya Awang Mahmud argued.
He also submitted that instead of naming the minister in the Prime Minister's Department, Malaysiakini had wrongly named the home minister as the respondent.
"We further state that this is a criminal law, the challenge should have been raised in the Sessions Court (after a person is charged), and not here at the High Court.
"The High Court is not the proper forum," he argued before Justice Azizah Nawawi in her chambers.
Awang Armadajaya said this in his submission on the preliminary objection to Malaysiakini's application for judicial review on the AFN Act, where the news portal was seeking leave for the matter to be heard on full merits.
Senior lawyer Gopal Sri Ram, who appeared for Malaysiakini along with N Surendran, said the news portal was affected as it is their duty to report.
"This also affects the defence of reportage," said the former federal court judge.
Sri Ram further argued that although Malaysiakini was not charged or investigated under the AFN Act, there is a possibility the news portal would be adversely affected when the law is implemented.
Justice Azizah then fixed June 6 to deliver her decision on the leave application.
In judicial review cases, leave or permission has to be granted before the full merits of the application is heard.
Surendran also called on the new Pakatan Harapan government to look into removing existing laws like the Sedition Act 1948, Section 233 of the Communications and Multimedia Act 1998, Peaceful Assembly Act 2012, Prevention of Crime Act 1954 and the Security Offences (Special Measures) Act 2012, which are affecting the people's rights.
Malaysiakini had on April 27, sought leave for a constitutional challenge for a declaration that the AFN Act is in violation of Articles 5 and 10(1) of the Federal Constitution, read together with Article 8, and should be declared null and void.
Article 5 concerns personal liberty, while Article 10(1) pertains to freedom of speech.

Malaysiakini is also seeking a mandamus to compel the court to direct the Home Ministry to revoke the law, which was gazetted on April 11 this year. - Mkini