Bar asks PM to withdraw suit against Malaysiakini

Its president Christopher Leong said that being a public official, Prime Minister is accountable to the people and should be able to endure the full brunt of free speech.

“Public officials especially those holding high public office and political parties should not resort to lawsuits for defamation as an answer to criticism or comment, whether or not such criticism or comment is unfounded and untrue,” Leong said in a statement today.

Instead, Najib should use the opportunity to reply or rebut any adverse or incorrect comments made by members of the public, said Leong.

Leong was commenting on the suit filed by the United Malays National Organisation (UMNO) and Najib against Malaysiakini and its editors, Steven Gan and Fathi Aris Omar. The suit, filed on May 30, targeted readers’ comments over the recent Terengganu menteri besar crisis.

Malaysiakini has denied any wrongdoing.

Leong said that this was the first time a Malaysian prime minister has issued suit against members of the news media for purported defamation.

“This sets a bad precedent and sends the wrong message,” Christopher said.

Leong said that public officials should accept such adverse comments, no matter how vitriolic, obnoxious or untrue, as natural hazards of putting themselves forth into public political life, so long as it does not affect the person in his or her private sphere.

“The Prime Minister should not use civil defamation action against criticism, whether substantiated or otherwise. He should have taken the opportunity to engage in public explanation, debate, education, counter-arguments and vindication by conduct in answer to untruths and as the means of redressing any alleged injury to reputation,” Leong said.

Leong cited a case in United States, where a Supreme Court dismissed a defamation case in the case of New York Times Co v Sullivan, ruling that a lawsuit by an elected politician was contrary to public interest.