Bar calls for laws to prevent defamation suits by gov't

The Malaysian Bar has urged the government to enact laws to prevent any administration in the country from pursuing defamation suits.

In a statement today, its president said defamation suits will stifle democracy and affect public discourse on good governance.

He said that the Federal Court decision in the case of Chong Chieng Jen v Government of State of Sarawak had ruled that a public authority has the right to pursuing defamation suits.

"However, the Malaysian Bar has grave reservations about this ruling, which creates a chilling effect on public discourse by effectively enabling the government to repress views, curtail expression and news reporting, and restrict democratic space, through the threat of defamation suits," he said.

Abdul Fareed Abdul Ghafoor argued that a government is vested with responsibilities and vast powers necessitate public scrutiny and criticisms to maintain the scales of power.

Citing the ongoing defamation suit by the Subang Jaya Municipal Council against animal rights activist Koh Tat Meng, Abdul Fareed said the defendant was slapped with the suit after accusing the council of abuse of power.

"The solution lies not in initiating a countersuit for defamation but in replying to or rebutting such allegations, with appropriate evidence, during the trial.

"The government, as a public body, cannot take offence in the same manner that a private individual may.

"Further, the public purse should be better utilised in service of the public as opposed to pursuing protracted litigation," he said.

According to MPSJ's suit, Koh had insinuated that their officers had acted in a manner that was not compassionate and therefore not in accordance with the teachings of Prophet Muhammad.