Berkshire Media Sdn Bhd has issued a legal letter to Sarawak Report demanding RM15 million and an apology over its four articles and a Twitter post containing allegations involving Cambridge Analytica and Malaysia’s general-election in 2018.
The data analytics and digital media firm, and its founder Muhammad Shaahidullah Shayaa, through legal firm David Gurupatham and Koay, has issued the letter of demand dated Feb 19 to the online news portal’s founder, Clare Rewcastle-Brown (photo), at her address in London.
According to the letter sighted by Malaysiakini today, the plaintiffs are making the demands over the four articles uploaded between March and May 2018, as well as a Twitter post on Jan 3, last year.
The four articles in question are “EXCLUSIVE- UK’s Scandal Torn “Propaganda Machine” has Secret Ties to BN”, “EXPOSE- Petronas Was Pitched as Front for a BN Covert Campaign by Cambridge Analytica/SCL for the Sarawak Election”, “More on Malaysia’s Mysterious Links with SCL”, and “Najib ‘Lied’ about Umno Links to SCL/Cambridge Analytica”.
The four articles were carried by Sarawak Report on March 18, 20, 26 and May 5, 2018, respectively. The Jan 3, 2019, Twitter posting was titled “Re: Cambridge Analytica data dump & Malaysia. Our article from 2018”.
“In the said articles mentioned above published by you (Sarawak Report), our clients’ were targeted, named and mentioned as a link closely connected to the said scandal when in fact our clients had no connections or link to the companies like SCL, CA and/or the purported Facebook-Cambridge Analytica data scandal.
“Our client is merely an ordinary company that utilises data and analysis and integrates its proprietary technology to solve communication and marketing challenges.
“Our client strictly instructs that these articles were falsely created with malicious intention to merely name our clients and cause a purported link to sensationalise the ‘scandal’ when in fact there was no such link and the main reason for that was to generate sensationalism and content as how the Facebook-Cambridge Analytica data scandal in the US created major sensationalism worldwide.
“There articles were produced and published to draw the same attention and create the same impact as the Facebook-Cambridge Analytica data scandal in the US in Malaysia, given the widespread interest and scandal in the Malaysia General Election,” stated the legal letter signed by the legal firm’s managing director and lawyer David Gurupatham.
“Our client further instructs that you were well aware of the sensationalism worldwide of the said scandal involving CA and SCL in the United States which had no connection or any involvement with our client.
“However, you had tried to make a connection using words to imply that our clients were involved in manipulating data to unlawfully help Barisan Nasional government by drawing comparison to what CA did in the United States of America to sensationalise the news, knowing that this is not true as there were no links,” the letter said.
'Business connection negatively impacted'
The letter also stated that the articles have caused Berkshire Media and Shaahidullah, who is also known as Shahid Shayaa, to experience severe humiliation, emotional and mental distress.
It stated that this was because business connection, which is heavily reliant on a good reputation in the industry, had been negatively impacted especially in terms of credibility and trustworthiness.
Berkshire Media and Shahid Shayaa are demanding RM15 million in compensation and damages over libel, for causing damages to their reputable business and good reputation, severe humiliation, emotional and mental distress caused by the allegations, among others.
Public and unqualified apology
They seek a public and unqualified apology on terms to be approved by them and to be carried by Sarawak Report and newspapers determined by them, as well as retraction of the allegedly defamatory articles, within 14 days of receiving the letter of demand.
They seek for the impugned online postings, which include comments and remarks, to be expunged of libel in any media or forum within Sarawak Report’s purview, care and control immediately.
They are seeking for the deletion of a private and confidential document belonging to them which was published by Sarawak Report in the online article dated May 8, 2018.
The firm and Shahid Shayaa also demand a written undertaking that Sarawak Report or any of its agents would refrain from publishing any further defamation against them in any way, manner or form in future, failing which they would seek injunctive relief within 14 days from the receiving of the legal letter.
The letter also stated that if Sarawak Report fails to pay the RM15 million within 14 days of receiving the letter, legal proceedings would be commenced against the online news portal to recover the sum as well as further costs, interests and expenses incurred in relation thereto.
When contacted by Malaysiakini today, Gurupatham confirmed the contents of the legal letter and that it had been sent via AR Registered Post to Rewcastle-Brown as well as received by her.
He said that she has failed to accede to the demands in the legal letter within 14 days of her receiving it and that he has his clients’ instructions to file a defamation suit against her.
He added that his clients will also be filing an application at the Kuala Lumpur High Court for leave to serve the writ of summons and statement of claim on Rewcastle-Brown in London.
On Jan 6, Berkshire Media had refuted being involved in Cambridge Analytica or its parent group, SCL Group, alleged controversial pitch to help BN win GE14. - Mkini
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