Federal Court ruling flawed, says Sri Ram
Published on: Thursday, September 27, 2018
PUTRAJAYA: A Federal Court ruling which affirmed that an elected government can sue individuals for defamation is flawed, said retired senior judge Gopal Sri Ram (pic)."The Federal Court has missed the point completely," he told reporters Wednesday.The apex court Wednesday dismissed an appeal by Stampin MP Chong Chien Jen, and held that federal and state governments could sue individuals for defamation.
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The ruling effectively rejects a common law principle that public authorities cannot bring action against a person for lowering their reputation.The Court of Appeal had previously ruled that former Pahang menteri besar Adnan Yaakob and former Penang chief minister Lim Guan Eng could not sue the media.But judge Ahmad Maarop, who delivered the unanimous ruling of the Federal Court today, said in Malaysia, the right of federal and state governments to sue was provided for under Section 3 of the Government Proceedings Act 1956.He said the common law principle based on a case in Britain in the 1990s was not suitable in Malaysia, as the right to freedom of speech under the Federal Constitution also imposed restrictions.
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He said Parliament imposed restrictions for defamation and the incitement to any offence.Sri Ram, who was present in court during today's proceeding, said the Government Proceedings Act was a pre-Merdeka statute.
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"Therefore it cannot be treated as imposing a restriction on the right of free speech under Article (10) (2) of the Federal Constitution," he said.Being a pre-Merdeka law, it must be brought into accord with Article 162 (6) of the constitution, the supreme law of the country, he said."When we do that, the right of the government to sue must be subject to Article (10) (1) (a) which will include the right to criticise the government without restriction," he said.Sri Ram said under Article 5 (1), the personal liberty of a person could not be taken away save in accordance with law."The law included common law of England. Under that law, a government has no reputation to protect," he added.Sri Ram further said the right to sue must be accompanied by a cause of action.However, he said the Government Proceedings Act only stated governments could sue as an ordinary person but the law must vest a cause of action.Stay up-to-date by following Daily Express’s Telegram channel.
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