THERE must be clear guidelines for the police – or the Home Ministry in this matter – as to what constitutes criminal defamation as opposed to civil defamation so as not to waste taxpayers’ money unnecessarily to help corporates fight their so-called legal battles.
The latest case that comes to light is that involving former Bukit Bintang MP-turned- corporate scandal buster Wee Choo Keong (main pic) who is scheduled to have his statement recorded at the Dang Wangi district police headquarters at 4pm today over allegations of criminal defamation following his exposure of corrupt practices involving government-linked companies (GLC) Malaysia Airports Holdings Bhd (MAHB) and Telekom Malaysia Bhd.
Wee’s ordeal brought back the memory of the criminal defamation charges against The Edge Communications Sdn Bhd’s former editor-in-chief Ahmad Azam Mohd Aris over their reportage of the abnormal surge of penny stocks in 2020 and 2021.
On Sept 13 last year, Azam, 61, pleaded not guilty to the charges when it was read to him before Magistrate Zhafran Rahim Hamzah and later before Magistrate Nurshahira Abdul Salim, separately.
Azam, 61, was accused of defaming Kua Shai Shyuan, in a special report published in The Edge Malaysia weekly edition dated Sept 21 to 27, 2020, and in another special report in the same weekly publication on April 12 to 18, 2021.
He was alleged to have defamed Kua and his company DGB Asia Sdn Bhd in the report published in 2020, and again defaming Kua and the same company along with other companies where he’s part of the board namely Thrive Property Group Bhd, Metronic Global Bhd and MIC Wireless Bhd in the report published the following year.
Back then PKR vice-president and current Natural Resources, Environment and Climate Change Minister Nik Nazmi Nik Ahmad has described as “a travesty” the fate that had befallen Azam.
“Media outlets have a duty to report news of public interest – which the alleged penny stock manipulation arguably was –without fear or favour,” the Setiawangsa MP pointed out. “The correct legal forum to seek redress, for any individual or organisation which believes themselves defamed or aggrieved by media coverage is civil suits.”
Added Nik Nazmi who is a lawyer by training: “It is hence inappropriate for the government, through the public prosecutor, to involve itself in what is logically a private dispute.”
Eventually on Nov 22 last year, Azam who is now editor emeritus at The Edge was discharged for one of the two criminal defamation charges made against him. For the second charge, he was given a discharge not amounting to an acquittal (DNAA). The two cases were heard before two different magistrates.
“If the police are unclear over the distinction between civil defamation and criminal defamation, they can consult senior lawyers in the likes of G.K. Ganesan and G.S. Nijar,” a legal expert suggested to FocusM. – May 30, 2023
