BANGKOK – Like many online news sites, the Malaysian news site Malaysiakini allows readers to post comments at the bottom of articles. It turned out to be expensive on Friday, when a court ruled that the news website was legally responsible for comments from readers who viewed the judiciary as insulting.
A panel of seven appellate judges has found Malaysiakini guilty of contempt of court and ordered him to pay a fine of nearly $ 124,000, more than double the amount demanded by prosecutors, for five comments that the readers.
The co-founder and editor-in-chief of the news office, Steven Gan, who was acquitted of the same charge, said the punitive punishment was apparently an attempt to drive Malaysiakini out of the bag.
“It will have a huge, icy impact on discussions of issues of public interest and it will be a major blow to our ongoing campaign to fight corruption,” he said. Gan said after the trial.
For decades, many of Malaysia’s media outlets have been linked to the government, but independent newspapers – mainly online – have emerged to provide critical coverage and vote for the opposition. Supporters of Mr. Gan said he and Malaysiakini are being punished for the zealous reporting of the store.
The readers’ comments were posted on a story about the Malaysian judiciary, which carefully preserves its reputation. They were later removed from the article, but not quickly enough to avoid charges.
In their ruling, the judges concluded that Malaysiakini should have investigated the comments and not posted those who posted contempt of court.
The panel rejected arguments of defense that Mr. Gan and the news agency were not legally responsible for the comments of their readers, and that prosecutors should have been there to prove that they intended to publish scandalous material.
The fine of 500,000 Malaysian ringgit was far more than the 200,000 ringgit, about $ 50,000, demanded by prosecutors. The defense demanded a fine of no more than 30,000 ringgit, based on the fact that it was the first time such a case had been filed against a news agency.
According to Malaysiakini, donors to a defense fund within four hours of the verdict contributed more than enough to cover the entire fine.
Defenders of the website argued that a conviction would impede the freedom of speech in the country of 33 million, which has been toppled in recent years by charges of high-level corruption by the government.
Amnesty International Malaysia said it was deeply concerned about the verdict, calling it a “foolishness of justice” and “a serious setback for freedom of expression in the country”. ‘
“The use of contempt of court laws to censor online debates and silence independent media is another example of the shrinking space for people to express themselves freely in the country,” said the group’s executive director, Katrina Jorene Maliamauv , said.
The U.S. embassy in Kuala Lumpur, the capital, has also expressed concern over the ruling. “Freedom of expression, including for members of the press and the general public, is fundamental to public discourse and the democratic principles that support accountability and good governance,” the statement said.
The case was filed in June by Malaysian Attorney General Idrus Harun. He was appointed to the post by Prime Minister Muhyiddin Yassin, who took over power at the head of an unelected government less than a year ago.
Muhyiddin’s governing coalition includes former prime minister Najib Razak, who is accused of embezzling billions of dollars from a government investment fund he once controlled.
In one of mr. Idrus’ first action as attorney general, the government filed money laundering charges against Mr. Najib’s stepson, Riza Aziz, a producer in Hollywood, gave up in a deal that critics say would keep him $ 83 million of the quarter billion dollars. government funds he was accused of receiving.
Mr. Najib is charged with more than 40 criminal charges and is now on trial on some of them. Malaysiakini, along with other news outlets, has been covering the scandal for years.
“I am terribly disappointed,” he said. Gan said. “What crime has Malaysiakini committed that we are forced to pay 500,000 when individuals who have been accused of abusing power for millions and billions, who are running free?”