[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

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