This decision has chilling consequences on media freedom & free speech in Malaysia.
Here's why:
1. Msiakini was in contempt for 3rd party comments disparaging the Judiciary on its website. FC held Msiakini "ought to have known" & prevented such comments from appearing. https://twitter.com/aidilarazak/status/1362593497048612864
Here's why:
1. Msiakini was in contempt for 3rd party comments disparaging the Judiciary on its website. FC held Msiakini "ought to have known" & prevented such comments from appearing. https://twitter.com/aidilarazak/status/1362593497048612864
2. This means EVERY online news portal WILL be liable for allegedly contemptuous 3rd party comments on its website.
Now, news portal would likely:
a) Disable comments completely on website. This prevents free exchange of ideas among public & critical discourse on a news topic
Now, news portal would likely:
a) Disable comments completely on website. This prevents free exchange of ideas among public & critical discourse on a news topic
b) Implement a system/algorithm to detect key words of 3rd party comments which may be contemptuous/seditious.
But can this work?
Are news portals now gatekeepers on what is contemptuous/seditious?
This may unintentionally curtail free speech & genuinely constructive comments
But can this work?
Are news portals now gatekeepers on what is contemptuous/seditious?
This may unintentionally curtail free speech & genuinely constructive comments
3. It doesn't stop at news portals. What abt social media like FB, Twitter, Instagram, etc.?
Going by FC's logic, social media also "ought to have known" of contemptuous/seditious 3rd party posts, comments, etc.
This decision has opened a pandora's box. And it ain't pretty.
Going by FC's logic, social media also "ought to have known" of contemptuous/seditious 3rd party posts, comments, etc.
This decision has opened a pandora's box. And it ain't pretty.
4. On a more technical/legal note, online news portal shouldn't be liable for contempt (a very serious offence which can result in imprisonment) for mere 3rd party comments.
Justice Nallini, in dissent, to my mind correctly held:
Justice Nallini, in dissent, to my mind correctly held:
5. As a member of the public who values democracy & free speech, you should be concerned.
If you can afford it, please donate to help Msiakini raise funds for the RM500k penalty, which has to be paid in 3 days. I know that I will. https://www.malaysiakini.com/news/563556
If you can afford it, please donate to help Msiakini raise funds for the RM500k penalty, which has to be paid in 3 days. I know that I will. https://www.malaysiakini.com/news/563556