Bar worries about long-term effect of Malaysiakini verdict

 

Bar president Salim Bashir said social media owners might now disable their comments section to avoid any repercussions.

PETALING JAYA: The Malaysian Bar has expressed its concern about the long-term effect on media freedom after the Federal Court’s decision today to fine Malaysiakini RM500,000 for contempt of court.

Bar president Salim Bashir also urged the Malaysian public to refrain from abusing the right to free speech “by writing nefarious and malicious comments online and in the media”.

He also called for a clear law of contempt that would provide an unequivocal definition of concepts such as “scandalising the court” to remove uncertainty.

Salim said the RM500,000 fine on Malaysiakini was exorbitant and excessive. A lower amount would have been sufficient to demonstrate the court’s disapproval.

Mkini Dotcom Sdn Bhd, the company which runs Malaysiakini, was found guilty of scandalising the judiciary in publishing several readers’ comments last year. Its editor-in-chief, Steven Gan, however, was found not guilty of contempt.

Salim said the commenting feature was important for public discussions.

However, the court decision would have long-term consequences on the use of social media unless there were strict screening mechanisms put in place for each and every comment.

In the wake of the ruling, all social media platform owners might now take precautionary measures such as disabling their comments section to avoid any repercussions, he said.

Salim said the court ought to have considered exercising leniency as Malaysiakini had already apologised and had removed the comments.

Balance free speech and justice, says Anwar

Opposition leader Anwar Ibrahim also expressed concern over the Malaysiakini fine and the raid on book publisher Gerakbudaya over the memoirs of former attorney-general Tommy Thomas.

Anwar said in a statement that there should be a balance between preserving the freedom of expression and sound administration of justice.

“Freedom of expression is a vital pillar of the healthy functioning of a democratic government. All branches of government are duty-bound to preserve and protect the freedom of expression as enshrined in Article 10 of the Constitution.” - FMT