[2021] 2 MLRA
Peguam Negara Malaysia
v. MKINI Dotcom Sdn Bhd & Anor
471
[139] In his affidavit, the 2nd respondent contended that he is not a Content
Application Service Provider within s 6 of the Content Code and cannot be
viewed as a publisher in relation to the impugned comments.
[140] We are therefore not satisfied that a case of beyond reasonable doubt had
been made out against the 2nd respondent. The 2nd respondent in our view is
not guilty of contempt as alleged by the applicant.
Conclusion
[141] We are certain that this case attracts worldwide attention and is under
the watchful eyes of various news and media portals and organisations as well
as social media platforms throughout the world. The media has demonstrated
its agitation and concern that this case will shackle the media freedom and the
chilling impact, this case may have that will eventually lead to a clampdown
on freedom of the press. Seemingly, this case has also been alleged to have
intimidated and threatened media independence especially so when online
news portals allow for free discussion and robust debate and comments by
users on various issues and public interest matters.
[142] Nevertheless, this unfortunate incident should serve as a reminder to the
general public that in expressing one's view especially by making unwarranted
and demeaning attacks on the judiciary, it should not be made at one’s
whims and fancies as which can tantamount to scandalising the court. Whilst
freedom of opinion and expression is guaranteed and protected by our Federal
Constitution, it must be done within the bounds permissible by the law.
[143] That said, we are not here objecting to public disclosure on judicial
decision, nor are we saying that the judiciary is beyond reprieve. Constructive
comments and criticisms are often made and it is not the policy of this court to
jump into the foray and move a contempt proceeding against those criticism.
[144] The Malaysian public must use their discretion rationally and wisely
especially when it comes to posting on the internet as it will remain in posterity
in the virtual world. The Malaysian public is not known to be rude, discourteous,
disrespectful or ill-mannered. This social norm is to be treasured and preserved
at all costs. Let not the social media change the social landscape of this nation.
The respondents too owe that duty to ensure the preservation of this social
behaviours. It will go a long way to earn Malaysiakini as a responsible portal,
for the purpose of public discourse.
[145] In this vein, we underscore the importance of maintaining public
confidence in the Judiciary, the need to protect the dignity and integrity of
the courts and the Judiciary as a whole, considering the nature of the office
which is defenceless to criticism. As succinctly put by Lord Denning in ExParte Blackburn (No 2) (1968) 2 QB 150 that:
“All we would ask is that those who criticise us will remember that, from the
nature of our office, we cannot reply to their criticism. We cannot enter into