THE Kuala Lumpur High Court is set to hear a lawsuit filed by Lawyers for Liberty (LFL) challenging Singapore’s attempt to enforce its anti-fake news law on Malaysian soil.
This development follows a decision by a five-member Federal Court bench chaired by Court of Appeal president Tan Sri Abang Iskandar Abang Hashim, which unanimously dismissed an appeal by the Malaysian government to strike out the civil suit.
LFL is suing the Malaysian government, alleging a failure to uphold the NGO’s fundamental right to freedom of speech and expression. The case stems from a “correction notice” issued by Singapore to LFL over claims on the group’s blog that Malaysian prisoners in Changi Prison were executed brutally and unlawfully.
The Federal Court ruled that the High Court needs to conduct a full hearing on the lawsuit as it involves the issue of the extraterritoriality of Singapore’s Protection from Online Falsehoods and Manipulation Act 2019 (POFMA).
“The respondent (LFL) expressed concern and sought clarification on the extent of their rights of freedom of expression under Article 10(1)(a) of the Federal Constitution in relation to statements made in Malaysia, which are the subject matter of foreign legislation, namely POFMA.
“This in effect amounts to an issue related to the extraterritorial jurisdiction of POFMA,” noted Abang Iskandar on behalf of fellow apex bench member judges P Nallini, Zabariah Mohd Yusof, Rhodzariah Bujang and Hanipah Farikullah.
However, the court allowed the Attorney-General’s (AG) appeal to strike out LFL’s suit against Singapore’s Home Minister K Shanmugam citing sovereign immunity. This specific suit sought to challenge the Singaporean minister’s exercise of power derived from laws enacted in Singapore.
Moreover, the Federal Court made no order as to costs.
In January 2020, Singapore attempted to enforce POFMA against LFL after the group published online details alleging that Malaysian prisoners were executed brutally and unlawfully in Changi Prison earlier that month.
Singapore claimed that LFL’s allegations contained “false statements of fact”.
LFL subsequently filed two suits at the Kuala Lumpur High Court: one against the Singaporean home minister over the issuance of a “correction direction” under POFMA and another seeking to restrain the Malaysian government from assisting Singapore in enforcing POFMA against the NGO.
On June 10, 2021, the High Court allowed the AG and Malaysian government’s application to strike out both suits. However, on July 20, 2022, the Court of Appeal in Putrajaya reinstated both civil actions, leading the AG and government to turn to the Federal Court. – June 28, 2024
