KUCHING: There is a concern about the implication of the Federal Court ruling on Wednesday, in favour of the Sarawak government’s move to sue Bandar Kuching MP Chong Chieng Jen for defamation.
In expressing this, Malaysian Bar president Abdul Fareed Abdul Gafoor (pix) acknowledges that the apex court has ruled that a public authority has the right to bring a civil suit against an individual for defamation.
“However, the Malaysian Bar has grave reservations about this ruling, which creates a chilling effect on public discourse by effectively enabling the government to repress views, curtail expression and news-reporting, and restrict democratic space, through the threat of defamation suits,” he said in a statement yesterday.
In relation to this, Abdul Fareed spoke about the defamation suit initiated by the Subang Jaya Municipal Council (MPSJ) against Koh Tat Meng, an animal activist, pursuant to him filing a civil suit against the council last December.
A news report had detailed the allegation of assault by council officers, and the charging of Koh under Section 186 of the Penal Code for ‘obstructing a public servant in the discharge of his public functions’.
In this regard, Abdul Fareed said upon the government being the subject of a suit, it should make all efforts to explain and be responsible for the decisions and actions of its officers.
“The role, responsibilities and vast powers held by the government necessitate such continuous scrutiny and constant vigilance, to maintain the scales of power.
“This is especially so in situations such as this, where there is an allegation of abuse of authority and force. The solution lies not in initiating a counter-suit for defamation, but in replying to or rebutting such allegations, with appropriate evidence, during the trial.
“The government, as a public body, cannot take offence in the same manner that a private individual may.”
Adding on, Abdul Fareed underlined that ‘the public purse should be better utilised in service of the public, as opposed to pursuing protracted litigation’.
“The decision by the MPSJ does not bode well for the present government’s efforts in opening up the democratic space and in fostering public trust and confidence.
“The Malaysian Bar, therefore, calls upon the government to promulgate policy that forbids the utilisation of defamation suits by any government in this country; and reaffirms its call to immediately introduce legislation, in the coming session of Parliament, to undo the effects of the Federal Court’s decision, and also to ensure – once and for all – that no government in this country would be able to resort to such legal action,” he added. — TheBorneoPost
