Why Malaysia Today Needs To Delete Comments And Ban Commenters

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Raja Petra Kamarudin
Malaysia Today readers have complained that we do not practice freedom of speech because comments are deleted and those who post offensive comments are blocked-banned from commenting.
What they do  not understand is that back in August 2008 Malaysia Today was blocked by MCMC and only after promising to monitor and filter readers’ comments were we unblocked two weeks later. I was also called in by the police for my statement to be recorded.
We were told back in 2008 that we are responsible for the readers’ comments and that action can be taken against us if readers post seditious comments. Today, the Malaysiakini case has shown why we are strict about readers’ comments and it is not because we do not respect freedom of speech.
Further to that, I was sued and a judgment of RM2 million was entered against me for a news item which Malaysia Today carried about what someone else said about someone else. I did not utter that statement but the fact that Malaysia Today carried it was deemed my crime.
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Portals now need to check readers’ comments due to court ruling: lawyer (Malaysiakini) – News portals and other websites in Malaysia now will have to double-check their readers’ comments before uploading them, according to a lawyer.
Senior counsel Malik Imtiaz Sarwar today said that this was due to today’s Federal Court judgment that fined Malaysiakini RM500,000 for contempt of court due to readers’ comments.
Malik, who appeared for Malaysiakini today, said the important takeaway from today’s landmark decision was that portals which host third-party comments now need to be responsible for those comments.
“Portals like Malaysiakini will have to be responsible for comments that may be offensive and contemptuous. This is the majority view (of the seven-person Federal Court bench),” he said.
“On the face of it (the majority 6-7 judgment), any portal that allows comments must moderate the comments before publication to avoid liability,” he said.
He noted that today’s apex court decision was a policy decision for the courts below to abide by when dealing with such kind of cases.
“This is an important decision which makes clear how the press or how any organisation allowing third party comments (online) has to do.
“Before this judgment, there was no guidance (on the issue). Now we do,” Malik said.
He noted the majority’s decision differed from the dissenting judgment by Federal Court judge P Nallini, who took the view that Malaysiakini could not be found guilty of contempt.
The lawyer explained the sole dissenting judge was of the opinion that Malaysiakini had taken down the offending comments within minutes after being alerted about them.
He said the judge took the view that this was in line with the Malaysian Communications and Multimedia code which provides for a “flag and take down policy”.
 

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