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HomeNewsSLS voices concern over decision in M’siakini case

SLS voices concern over decision in M’siakini case

Chin

KOTA KINABALU: The Federal Court’s decision to hold Malaysiakini guilty of contempt of court would place an onerous burden on online publishers.

In a statement today, the Sabah Law Society (SLS) expressed its concern regarding the said decision.

“The majority decision of the Federal Court has the unfortunate effect of placing an onerous burden on online publishers to engage in a constant battle with and policing of their users,” said its president, Roger Chin.

“The net effect will likely be a stifling of these publishers requiring strict policing, reviewing and editing of comments by third parties which can ultimately only lead to the curbing of freedom of speech.

“The SLS would respectfully urge the judiciary to be cautious in its interpretation and application of section 114A of the Evidence Act 1950 and even better, that there be legislative reform to do away with this presumption and thus necessitating the need to prove the owner or editor of a publication be the publisher rather than shifting the burden of proof to prove the contrary,” he argued.

The online news portal had on June 9 last year published an article entitled “CJ orders all courts to be fully operational from July 1”.

Unfortunately for Malaysiakini, irresponsible third parties had posted various defamatory and derogatory comments on the article, targeted at the judiciary.

“The comments in question were doubtless derogatory and contemptuous of the Court. If those third parties were to be hauled up for contempt, the SLS has no doubt whatsoever that they should be found liable for contempt of Court.

“The fact is however that there is little or no cause to believe that Malaysiakini or its officers were the actual authors of the derogatory comments,” added Roger.

He said that the SLS has had the opportunity to peruse the summary of decision of the majority of the Federal Court.

“It appears from the summary of decision that the learned members of the bench had also reached the conclusion that Malaysiakini or its officers were not the actual authors of the derogatory comments.

“Notwithstanding this, Malaysiakini was found liable because of a presumption found in section 114A of the Evidence Act 1950. In essence, this section provides that the owner or editor of a publication is presumed to be the publisher unless the contrary is proved.

“It was on the back of this presumption that the majority of the Federal Court found Malaysiakini liable for contempt of Court. With greatest of respect to the bench, this is a rebuttable presumption,” he said.

Roger pointed out that the comments were removed by the portal within minutes of being informed of the same, and there seems to be little doubt that neither Malaysiakini nor its offers were the actual authors or publishers of the derogatory comments.






The post SLS voices concern over decision in M’siakini case appeared first on Borneo Post Online.

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