Suhakam Don T Make Portal Owners Liable For Comments Of The Public

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The Human Rights Commission (Suhakam) said it is concerned that the decision of the Federal Court in finding Malaysiakini guilty of contempt could set a precedent that may have significant implications on the people’s right to freedom of expression and information in the country.
"The freedom of speech guaranteed under Article 10 (1) of the Federal Constitution is not absolute and may be restricted by law in the interest of preserving national security, public order or morality and international relations.
"However, Suhakam would like to point out that in today’s digital age where open discussion and comments are made public, portal owners should not be liable for comments made by the public on their portal.
"In this regard, Suhakam stresses that the country’s legal framework should keep pace with the continuously evolving character of digital media which increasingly serves as a platform for discourse and expression on issues of public interest," said the human rights body.
On Friday, Malaysiakini was fined RM500,000 for contempt of court over its readers' comments.
Contempt proceedings against Malaysiakini and its editor-in-chief Steven Gan were initiated by Attorney-General Idrus Harun over comments left by readers on the news website.


Idrus argued that the two respondents had scandalised the court by facilitating five readers' comments on an article dated June 9 titled “CJ orders all courts to be fully operational from July 1.”
The 6-1 majority decision cannot be appealed. The Federal Court did not convict Gan.
Following the verdict, Malaysiakini appealed for donations and the public responded by reaching the RM500,000 target in less than five hours.
Suhakam said that the media is an essential instrument that contributes towards greater awareness and protection of human rights through its reporting of the human rights situation in the country.
"In this regard, there should be an enabling environment for the media to work effectively to serve the public interest.
"Any demands or measures undertaken to remove digital content should be based on validly enacted laws, independent oversight and through necessary and proportionate means to achieve the legitimate aims mentioned above," it added.
Suhakam said that access to information, assurances on press freedom and responsible journalism will demonstrate Malaysia’s commitment to promote and protect the people’s right to freedom of opinion and expression, which includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. - Mkini

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