Malaysiakini settles RM500,000 fine by Federal Court

Malaysiakini settles RM500,000 fine by Federal Court

Publisher Mkini Dotcom was found guilty of contempt of court for facilitating the publication of five readers' comments.

Malaysiakini’s chief executive paid the fine at the Palace of Justice today.
PUTRAJAYA:
Mkini Dotcom Sdn Bhd, which runs news portal Malaysiakini, today paid the RM500,000 fine imposed by the Federal Court which found the company guilty of contempt of court over the publication of readers’ comments.

Mkini Dotcom’s lawyer, Surendra Ananth, when contacted, confirmed that the fine was paid at the court’s counter.

He said the company’s chief executive, Premesh Chandran, personally went to the Palace of Justice here to pay the fine.

Last Friday, the Federal Court gave Mkini Dotcom three days from Monday to settle the fine.

Mkini Dotcom was fined RM500,000 by a seven-member panel led by Court of Appeal president Rohana Yusuf for contempt of court for facilitating the publication of five readers’ comments.

The court, however, found Malaysiakini editor-in-chief, Steven Gan not guilty of contempt of court.

In the court’s 6-1 majority decision, Rohana said Mkini Dotcom had full control of what was publishable and what was not, so it must carry with it the risks that followed from allowing the way its platform operated.

She said the company had facilitated the publication of the contemptuous comments by third-party subscribers.

The other judges who concurred with the majority decision were Chief Judge of Malaya, Azahar Mohamed; Chief Judge of Sabah and Sarawak Abang Iskandar Abang Hashim and Federal Court judges, Mohd Zawawi Salleh, Vernon Ong Lam Kiat and Abdul Rahman Sebli.

Federal Court judge, Nallini Pathmanathan, who dissented, said Mkini Dotcom and Gan were not liable for contempt because the applicant (attorney-general) failed to establish beyond reasonable doubt that they had the requisite knowledge of the existence of the third-party comments and deliberately intended to publish the comments.

On June 17 last year, the Federal Court had allowed the attorney-general’s ex parte application for leave to commence committal proceedings against Mkini Dotcom and Gan in relation to readers’ comments on an article published by Malaysiakini on June 9 entitled, “CJ orders all courts to be fully operational from July 1″, which were deemed offensive.

On July 2 last year, Mkini Dotcom and Gan failed to set aside the leave obtained by the AG to commence committal proceedings against them.

The company managed to raise more than RM500,000 through donations from the public to settle the fine.

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