YOURSAY | ‘This is a massive step backwards in terms of freedom of speech.’
Guyintheglass: I don't like the idea that a government body can sue an individual for defamation. If what was said is true, there is nothing to defame.
If what was said was not true, then it's for the government to use the avenues available to correct the untruth. Allowing the government to sue for defamation is suppressing dissent.
Kahlil Gibran: Who is the government? A government is the system or group of people governing an organised community, often a state.
A government is like a clan with the purpose to govern the whole group or a whole nation with the powers of financial, military and civil laws.
The main purpose of government is to uphold the welfare of the civilians and to fulfil their need for the betterment of the nation. So how can they sue individuals?
Quigonbond: It's a bad decision. An individual has a reputation, but how does one determine the reputation of a government, and which part of the government are we referring to because of the doctrine of separation of powers?
Does this case involve only government-private individual relationships, or it is intended to include government-government relationships? For example, can the judiciary sue the executive? Can Parliament sue the judiciary? Can the federal government sue the state government or vice versa?
Also, most funds rest with the executive. Should such defamation suits be only confined to finding of defamation (and prevention of further defamation), or it includes payment of damages?
If there is monetary compensation involved, it is essentially taking money out of the left pocket to put into the right, hence hardly compensation at all.
The Federal Court appears to be opening up a can of worms and has no follow-up solutions to consequences that may arise.
Is it even international norm for a government to be able to sue for defamation? After all, the government has recourse to the mass media to defend itself.
Rippoh2016: This is a massive step backwards in terms of freedom of speech.
Coupled with the decision to shrink away from making a ruling on the "reappointments" of the (now retired) top two judges, it shows that the Malaysian judiciary is infested with judges that have less than the required calibre and integrity to come to a fair and just conclusion.
It needs an urgent revamp before any further harm is done to the country.
I Wonder: It’s time to urgently recruit more truly learned judges and revamp our judiciary system before people demonstrate their wrath against the Pakatan Harapan government.
Anonymous_1527925538: I agree with the judgment. The government also has a reputation that it needs to protect to prevent unscrupulous people from tarnishing its image in the eyes of the people.
If the allegations against the government are true, then the courts will protect the truth.
Kwong: Very strange decision indeed. This will further limit criticism against the government and restrict freedom of speech.
The government has unlimited resources to go against critics, while those being sued will have limited means and cash to defend themselves.
I can never imagine such a thing can happen in New Malaysia. If this ruling had been handed down under previous BN government, Rafizi Ramli, Tony Pua and the likes would have been made bankrupt 10 times over.
Anonymous_1419577444: Malaysiakini columnist Bridge Welsh, your observations are spot on.
Alarm bells and speculations, coupled with the political chess pieces, have been moving in the past weeks in different scenes – they all suggest a new political equation taking shape if Anwar wins PD, not towards political stability but towards political chaos.
The speculation that someone does not want to wait two years and will make deals with the other side seems very realistic.
Andysee: I don’t think PKR is the one at risk of collaborating with Umno. Bersatu is the one that has received a lot of ex-Umno members. If any, it’s probably Bersatu that will collaborate with Umno, not PKR.
PKR is a party that was born to fight against everything Umno has stood for: money politics, corruption, etc. PKR will never stand with Umno.
Sunshine: It is quite obvious that the ‘stale’ basket of Malay leadership, i.e. former and present leaders and some with religious credentials, are jostling for control over the minds and hearts of Malay/Muslims after Umno became unhinged from its pivotal position.
And the suggestion that the present discourse boringly continues to focus on political/community/religious leadership positions rather than socio-economic concerns of the people is obvious, too.
Unfortunately, in an environment where critical intellectual debates are largely subdued by socio-cultural aspects and traditions, and where a psycho-social comfort zone has been fostered by claims to entitlement, the present tendency to focus on the trees instead of the forest seems an obvious end product.
However, the victory given by ordinary citizens to Harapan under Dr Mahathir Mohamad is not going to be easily squandered as Malaysians have become mindful of corrupt leadership.
Abdullah Karim: Get rid of Bersatu as they're all ex-Umno members. Do not forget what Anwar has done to this country for 20 years. Or have we forgotten?
The focus of this by-election is that of ensuring a smooth transition of power between the current prime minister and the incoming PM. The opinion of Bridget, who predicted a BN win for GE14, should be taken with a small pinch of salt.
Malaysian: Behind the murky scene, it's akin to a ‘Game of Thrones’. That's the political reality the world over.
There are moves to keep Mahathir beyond the two years and into GE15, separately or planned by Azmin, Umno, PAS and Mahathir himself. Mahathir does not want Anwar as PM.
If Anwar does not become prime minister, then we will see Umno 2.0 - Bersatu, Umno, MIC, MCA, PAS joining to form the government. This will happen should something happen to Mahathir.
Anwar becoming prime minister is crucial for the well-being of our country. - Mkini
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