460
Peguam Negara Malaysia
v. MKINI Dotcom Sdn Bhd & Anor
[2021] 2 MLRA
above. Each department is headed by an editor and assisted by a group of
assistant editors and journalists. There is a total of 65 people working in the
editorial team.
[81] For the online news portal, there is a total of 25 staff with about 10 of them
being editors and assistant editors. The 2nd respondent is the Editor-in-Chief
of the editorial team. He is assisted by Mr RK Anand (Executive Director
of the 1st respondent) and Mr Ng Ling Fong (Managing Editor). The editors
of each department report to Mr Ng Ling Fong and Mr RK Anand, who in
turn report to the 2nd respondent. As can be seen, the 1st respondent has a
structured, coordinated and well-organised editorial team. It is inconceivable
that in such a structured system the 1st respondent had no notice of the
impugned comments.
[82] The comments section at the bottom which accompanies each news
reports published by the 1st respondent is only accessible to third party online
subscribers. In this regard, the 1st respondent is fully aware of its role in posting
and publications. It even reserves the right to disclose the subscription profile
to law enforcement agencies should they require it for valid purposes. The 1st
respondent no doubt has a very impressive reporting structure.
[83] With such a structure, how do impugned comments such as these escape
the attention of the editors? No explanation has been afforded by any of them.
And none of the 10 editors denied knowledge. The person charged with that
particular responsibility should be the one who can deny and explain why he
was not aware of the impugned comments before being alerted on 12 June
2020. The denial instead came from its director Premesh Chandran who was
not involved in the editing process. And of course the 2nd respondent as the
Editor-in-Chief denied knowledge on his part.
[84] The irresistible inference is that at least one of them had notice and
knowledge of these impugned comments. Therefore, it is our finding that
the 1st respondent cannot deny notice or knowledge of the existence of the
postings. On the facts before us the 1st respondent cannot rely on mere denial
to avail itself of the defence of ignorance.
[85] The stated objective of the 1st respondent’s portal is to allow public
discourse on matters of public interest. This noble objective must surely
include fair and balance discussion on the issues of public concern. As Lord
Hobhouse observed with characteristic pungency in the case of Reynolds v.
Times Newspapers Limited and Others [1999] 4 All ER 609 at p 657 that, “No
public interest is served by publishing or communicating misinformation”
and certainly not offensive comments.
[86] It would be expected for the respondents to foresee the kind of comments
attracted by the publication of the article on the acquittal of Musa Aman by
the court following the withdrawal of charges, coinciding with the unfortunate
timing of the press release by the Chief Justice. Members of the editorial team,