The court case against 1MDB whistleblower Clare Rewcastle-Brown raises concerns over media freedom in the country, said the National Union of Journalists Malaysia (NUJ).
NUJ general-secretary Teh Athira said the recent apex court ruling favouring Terengganu Sultanah Nur Zahirah against the Sarawak Report founder also raised concerns over journalists’ ability to report on public interest matters without facing excessive legal risks.
“While we respect the right of individuals to seek justice, the NUJ believes this decision could deter investigative reporting on issues of significant public concerns, such as the 1MDB scandal.
“Rewcastle-Brown’s critical role in exposing corruption should not be overshadowed by a narrow focus on defamation.
“The court’s reliance on complex linguistic analysis in this case underscores the difficulties journalists face in navigating defamation laws. Such legal barriers risk stifling the important work of the press in holding power to account.
“We call on the authorities to ensure that Malaysia remains a safe environment for journalists to operate freely and without the fear of undue legal consequences,” she said in a statement today.
All are equal before the law
On Sept 10, the Federal Court in Putrajaya denied Rewcastle-Brown’s appeal leave bid to avoid paying the Sultanah RM300,000 in defamation damages.
The three-person bench chaired by judge Nallini Pathmanathan unanimously ruled that the matter does not cross the threshold of novelty or public importance that requires further hearing.
“The applicant’s (Rewcastle-Brown) book comprised an important basis for the 1MDB expose. This (defamatory) excerpt comprises a part of that book.
“While the significance of the book cannot be underplayed, it does not and cannot provide immunity to the author where there is defamation of a third party.
“In that context, all parties are equal before the law and subject to equal treatment by the courts,” Nallini said on behalf of fellow bench member judges Zabariah Mohd Yusof and Vazeer Alam Mydin Meera.
Nallini said the sultanah is entitled to equal treatment under the law.
“The fact that she is a member of a royal family does not preclude her from bringing a claim and being treated as would any member of the public.
“The fact of her background should not be held against her, as all are equal in the eyes of the law,” she added.
She also ordered Rewcastle-Brown to pay RM15,000 costs to the state royalty.
As of today, Rewcastle-Brown’s crowdfunding effort on the online platform GoFundMe has raised only £21,858, less than half of the targeted £75,000 (RM416,600).
On Dec 12 last year, the Court of Appeal ordered Rewcastle-Brown and two others - Gerakbudaya Enterprise publisher Chong Ton Sin and printing company Vinlin Press Sdn Bhd - to pay RM300,000 in defamation damages to the sultanah.
In allowing the royal’s appeal, the appellate court also ordered Rewcastle-Brown and the other two to pay RM120,000 in legal costs to the sultanah.
The RM120,000 in costs is separate from the RM15,000 costs ordered by the Federal Court.
The appellate court ruled that Rewcastle-Brown defamed the Terengganu royal through the Sarawak Report founder’s book “The Sarawak Report - The Inside Story of the 1MDB Expose”.
The sultanah was appealing against the Kuala Lumpur High Court ruling in October last year, which dismissed her civil action.
Tarnished reputation
On Nov 21, 2018, the sultanah filed the suit, alleging defamatory statements in the book Vinlin Press printed in August 2018.
The plaintiff claimed she was not involved in either the administration or the setting up of the state-owned Terengganu Investment Authority (TIA), which later became fully owned by the federal government as 1MDB - and alleged that the statements caused her embarrassment and tarnished her reputation.
She sought RM100 million in damages and wanted the second defendant, Chong, to withdraw the books containing the statements and stop the third defendant, Vinlin Press, from printing more copies of the book.
In their statement of defence, the three defendants denied ever accusing Sultanah Nur Zahirah of being involved in corruption.
A separate criminal court case against Rewcastle-Brown concerning the same portion of the book is now the subject matter of an appeal before the Kuala Terengganu High Court. - Mkini
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