19 Feb 2021
Peguam Negara Malaysia MKini Dotcom Sdn. Bhd dan Ketua Editor, Malaysiakini
- Citation
- 08(L)-4-06/2020(W) (Mahkamah Persekutuan)
- Court
- L
- Case number
- 08(L)-4-06/2020(W) (Mahkamah Persekutuan)
The Federal Court held that an online news portal is not a 'publisher' for scandalising-the-court contempt until it has actual knowledge of the existence and content of unlawful third-party comments; section 114A's presumption was rebutted by respondents' evidence of no knowledge until notified, the comments were removed within a reasonable time, and the prosecution failed to prove beyond reasonable doubt the requisite intention to publish; accordingly the committal application was dismissed.