The defamation case that Prime Minister Datuk Seri Najib Razak has brought against Malaysiakini does not undermine press freedom, especially online, said the Malaysian government today.
"The Prime Minister has frequently stated his commitment to protect the freedom of Malaysia’s online media. The defamation case does not undermine this commitment," said the government in a statement issued via email today.
Stressing that "Malaysia has a free and open online media", it said: "A cursory glance at the online media shows its independence – news portals frequently criticise both the Prime Minister and the Government, and engage in robust political debate."
The government stressed that two news articles published by Malaysiakini, namely ‘A case of the PM reaping what he sows’ and ‘How much will Najib spend to keep Terengganu?’, on 14 May 2014, were defamatory.
"These articles – which were based on reader comments selected and then republished by Malaysiakini – made a slew of false and defamatory allegations against the Prime Minister; including insinuating his involvement in serious crime," said the statement.
It said that after the articles were published, the Prime Minister’s legal team had wrote to Malaysiakini and requested that the articles be removed and an apology issued.
Malaysiakini, however, refused, and instead published the private legal letter and further articles, leading to the Prime Minister’s legal team deciding to take action against Malaysiakini for defamation.
The government statement noted that in a speech to the National Press Club in Kuala Lumpur on May 26, Najib had said that there was "a difference between legitimate criticism, and defamation".
He had said that there needed to be "balance between being open to constructive public criticism whilst holding public office, and the fundamental right to protect your dignity and your good name from being recklessly attacked as a result of political beliefs.”
“In a democracy, there will always be people who disagree with your policies, or disapprove of your government. I welcome criticism which is informed and constructive.
“I want be very clear: this does not indicate any wider agenda. It is not part of any crackdown; it is not an attempt to silence critical voices. It is a matter of acting on specific accusations which cross the line from fair comment into slander," Najib had said.
Najib's suit against Malaysiakini has been criticised by civil society, with the Malaysian Bar saying it set a "bad precedent" for a public official to take legal action against the media.
Bar Council president Christopher Leong had said last week that public figures — especially those holding high public office — and political parties should not resort to lawsuits to respond to allegedly defamatory criticism or comments as good governance and accountability requires that they “endure the full brunt of free speech”.
On May 30, Najib and his party Umno filed a civil suit against Malaysiakini and its top-two editors over a series of readers’ posts published on the website related to the recent Terengganu mentri besar saga.
Najib is seeking for a long list of damages against the news portal, apart from demanding a written apology to be published in a newspaper or magazine to be identified by the plaintiffs, and in words to be determined by the plaintiffs, among other claims.
"The Prime Minister has frequently stated his commitment to protect the freedom of Malaysia’s online media. The defamation case does not undermine this commitment," said the government in a statement issued via email today.
Stressing that "Malaysia has a free and open online media", it said: "A cursory glance at the online media shows its independence – news portals frequently criticise both the Prime Minister and the Government, and engage in robust political debate."
The government stressed that two news articles published by Malaysiakini, namely ‘A case of the PM reaping what he sows’ and ‘How much will Najib spend to keep Terengganu?’, on 14 May 2014, were defamatory.
"These articles – which were based on reader comments selected and then republished by Malaysiakini – made a slew of false and defamatory allegations against the Prime Minister; including insinuating his involvement in serious crime," said the statement.
It said that after the articles were published, the Prime Minister’s legal team had wrote to Malaysiakini and requested that the articles be removed and an apology issued.
Malaysiakini, however, refused, and instead published the private legal letter and further articles, leading to the Prime Minister’s legal team deciding to take action against Malaysiakini for defamation.
The government statement noted that in a speech to the National Press Club in Kuala Lumpur on May 26, Najib had said that there was "a difference between legitimate criticism, and defamation".
He had said that there needed to be "balance between being open to constructive public criticism whilst holding public office, and the fundamental right to protect your dignity and your good name from being recklessly attacked as a result of political beliefs.”
“In a democracy, there will always be people who disagree with your policies, or disapprove of your government. I welcome criticism which is informed and constructive.
“I want be very clear: this does not indicate any wider agenda. It is not part of any crackdown; it is not an attempt to silence critical voices. It is a matter of acting on specific accusations which cross the line from fair comment into slander," Najib had said.
Najib's suit against Malaysiakini has been criticised by civil society, with the Malaysian Bar saying it set a "bad precedent" for a public official to take legal action against the media.
Bar Council president Christopher Leong had said last week that public figures — especially those holding high public office — and political parties should not resort to lawsuits to respond to allegedly defamatory criticism or comments as good governance and accountability requires that they “endure the full brunt of free speech”.
On May 30, Najib and his party Umno filed a civil suit against Malaysiakini and its top-two editors over a series of readers’ posts published on the website related to the recent Terengganu mentri besar saga.
Najib is seeking for a long list of damages against the news portal, apart from demanding a written apology to be published in a newspaper or magazine to be identified by the plaintiffs, and in words to be determined by the plaintiffs, among other claims.
