Federal Court orders Malaysiakini to pay RM550k in mining company defamation suit

 

The Federal Court has dismissed Malaysiakini's appeal against a lower court decision that ruled in favour of Raub Australian Gold Mining's (RAGM) defamation suit.

Along with the ruling came an order for the news portal to pay RAGM an additional RM200,000 in costs, on top of the RM350,000 in costs and damages awarded by the Court of Appeal in 2018.

Malaysiakini will not be seeking public donations in view of the economic downturn due to Covid-19. The news portal will be using its legal defence fund. It had raised RM350,000 to pay RAGM in 2018.

The decision was a split 3-2 majority by the five-member panel which was chaired by Federal Court judge Vernon Ong Lam Kiat.

The majority judgment in favour of dismissing Malaysiakini’s appeal was read by fellow bench member Abdul Rahman Sebli. Other members of the bench on the majority side were Zaleha Yusof and Hasnah Mohammed Hashim.

The minority decision in favour of allowing Malaysiakini's appeal was read out by bench member Harmindar Singh Dhaliwal. Ong was part of the minority judgment.

Counsel Cyrus Das represented Malaysiakini while Cecil Abraham acted for RAGM.

In 2016, the Kuala Lumpur High Court had ruled in favour of Malaysiakini on grounds that the news organisation had succeeded in their defence of responsible journalism and reportage.

Reportage is a defence against defamation lawsuits, usually involving media organisations republishing unproven accusations about public figures so long as the reporting is unbiased and in the public interest.

The High Court also ruled that Malaysiakini had not acted in malice.

In 2018, the Court of Appeal overturned the decision, ruling that the articles in question were "reckless, accusatory and damaging in tone".

The Court of Appeal ordered the news portal to pay RM200,000 in damages and RM150,000 in costs. Today, the Federal Court imposed additional costs of RM200,000.

Malaysiakini editor-in-chief Steven Gan said the decision today was a huge blow for public interest journalism.

"We are disappointed by the decision. We were carrying out our duty as journalists in reporting the health concerns of the Bukit Koman villagers.

“In an earlier decision involving a lawsuit filed by the gold mine company against the villagers, this same court, in delivering victory to the villagers, said they have the right to express their concerns over the gold mining.

“However, in our case, we were found to have committed defamation for primarily reporting what they said," he said.

Malaysiakini CEO Premesh Chandran noted that today's split decision went into depth of the boundaries of law covering defamation and with the differing views between the majority and minority verdicts, it would serve as fertile ground for debate.

"We take heart that the minority judgement has noted legal changes among Commonwealth countries towards supporting the critical role the media plays in voicing public concerns.

"In these times of crisis, and with so many people facing extreme hardship, it's critical that the media speaks up and holds those in power to account. Hence, we will continue with our duty to report news and views that matter, without fear or favour, with accuracy and balance. Malaysians deserve no less.

"Given the dire situation in the country, we will not be asking for public donations, it's more important that families are kept afloat," he said.

He expressed gratitude to Malaysiakini's legal team as well as friends and supporters who backed the news portal all the way.

Gan said that Malaysiakini will not be asking for public donation this time as it had raised RM270,000 beyond the RM500,000 fine that was imposed by the Federal Court for contempt earlier this year.

“Those who want to support us can do so by subscribing to Malaysiakini or pay for another person’s subscription,” he said.

Three years ago, Malaysiakini had raised RM350,000 to cover the damages and costs awarded by the Court of Appeal.

[More to come] - Mkini