19 Feb 2021
PEGUAM NEGARA MALAYSIA 1. ) MKINI DOTCOM SDN BHD (No. Syarikat: 489718-U) 2. ) KETUA EDITOR, MALAYSIAKINI
- Citation
- 08(L)-4-06/2020(W) (Mahkamah Persekutuan)
- Court
- L
- Case number
- 08(L)-4-06/2020(W) (Mahkamah Persekutuan)
An online news portal that merely hosts third-party comments is not a publisher for scandalising-contest purposes until it has actual knowledge of the existence and content of unlawful comments; section 114A's presumption was rebutted by affidavit evidence showing lack of knowledge, and the respondents removed the comments promptly after notification, therefore the elements of publication and intention to publish required for scandalising the court were not proven beyond reasonable doubt.