COMMENT | For positive response, end selective prosecution

COMMENT | In February 2021, in a 6-1 majority decision, the Federal Court found Malaysiakini liable for contempt of court over its readers’ comments and a fine of RM500,000 was imposed.

The seven-person bench, chaired by Court of Appeal president Rohana Yusuf, delivered the 6-1 majority decision, with Federal Court judge P Nallini’s dissenting.

In delivering the decision, Rohana ruled that the court needed to consider its public duty to weigh the seriousness of the contempt act, which would ultimately undermine the system of justice in Malaysia.

“The impugned statement (comments) has gone far and wide locally and internationally and the content is spurious and reprehensible in nature, containing the allegation of corruption.”

In an immediate response, senior counsel Malik Imtiaz Sarwar, who appeared for Malaysiakini, said the important takeaway from the decision was that portals that host third-party comments now need to be responsible for those comments.