Asia Times: Malaysia's media-suing spree



	June 04, 1999	atimes.com

Southeast Asia

Malaysia's media-suing spree
By R. Mageswary

KUALA LUMPUR - Malaysia has never really been knownas a media-friendly state and a flurry of defamation lawsuitsfiled in recent months against journalists and media organizationshas made this all the clearer.

Worse, say lawyers and media observers alike, it could makean already cowed press even more cautious in their reports - further frustrating Malaysians hungry for more accurateinformation about their country.

''This is just stifling,'' said Malaysian Bar Council chairman R. R. Chelvarajah, expressing concern over the sudden rise in media-related lawsuits, most of which seek millions of ringgit in damages.

''It could instill a culture of fear among the journalists andprevent them from reporting the truth,'' he added, despite theemergence of more alternative sources of information in thecountry.

Berita Harian daily editor Ahmad Rejal Arbee agreed, addingthat ''journalists would find it harder to do their work."

In March, the son of Prime Minister Mahathir Mohamad filed a 200-million ringgit ($52 million) defamation case againstthe Dow Jones Publishing Co. (Asia) Inc., publisher of the AsianWall Street Journal.

Mirzan Mahathir filed the suit over an article that indicated hisascent in certain business circles was due to special treatment fromMalaysian companies and banks.

He is also suing the local Chinese newspapers Guang MingDaily, China Press and Sin Chew Jit Poh, which translated andreported the piece, for a total of 750 million ringgit ($197.4 million).

April saw the filing of a libel case against local writer SabriZain. Plaintiff Umi Hafilda - star prosecution witness in thesexual misconduct trial of sacked Deputy Premier Anwar Ibrahim - says he portrayed her as a ''cheap prostitute'' in an article published earlier this year.

Then there is local tycoon Vincent Tan, who is suing Universityof Malaya economist K. S. Jomo, the Asian Wall Street Journal andDow Jones over an article that he says tarnished his businessreputation. He wants 100 million ringgit ($26.3 million) indamages.

While foreign journalists and publishing companies seem to begetting the brunt of this litigious attitude adopted by some ofthe country's well-known figures, observers say these''outsiders'' are not the real target. They also reject the theorythat the lawsuits are primarily motivated by money.

''There is no denying that the money is catchy,'' says onegovernment critic, who declines to be identified. ''But there arepolitical forces pushing the buttons."

According to the critic, the lawsuits are being used by thegovernment: ''(The lawsuits) are the best way to ensure that no badreports about the government appears in the media."

Just in February, the government said it would create a legalteam especially aimed at media people who dare defame theadministration and its officials.

Said Deputy Premier Abdullah Ahmad Badawi, ''There have been toomany instances where individuals take advantage of freedom ofspeech to make all sorts of accusations and allegations againstthe party leaders and the government. This unhealthy practicecannot be allowed to go on."

Observers found this ironic since the Malaysian mediahas long been seen as a propaganda tool of the government. Majorpapers and broadcast stations, in fact, are controlled by theUnited Malays National Organisation (UMNO), the dominant party inthe ruling coalition.

Malaysia also has laws that curb freedom of the press andexpression, including the Internal Security Act, under whichpeople can be detained without trial.

There is also the Official Secrets Act that preventsjournalists from accessing information in any official documentlabeled as secret, and the Printing Presses and Publications Act,which grants the Home Minister the power to give or withdrawprinting licences.

Still, in the wake of the ''reformasi'' movement sparked by thearrest last year of former deputy premier Anwar Ibrahim, more andmore Malaysians have turned to alternative sources of informationlike the Internet.

For many, these alternative sources provide better and balancedreporting on the country.

The clamor for less biased news is expected to intensify asgeneral elections, which Mahathir has to call before April 2000,near.

As a result of the recent rash of libel lawsuits, however,some alternative news sources seem to be suffering from theso-called ''chilling effect."

The unnamed government critic says the few local papers that used togive equal voice to the opposition and non-government groups nolonger appear to do so.

A senior local journalist, meanwhile, revealed that her work hasbeen greatly affected. ''I am afraid of losing my job andeverything else,'' she confessed. ''How could I possibly paymillions of ringgit?"

Indeed, she has reason to worry. Tycoon Tan, for instance, wasawarded 10 million ringgit ($2.63 million) in damages bythe High Court in a defamation case he filed five years agoagainst a foreign correspondent and six local journalists, whowrote about his business interests.

Foreign journalist Murray Hiebert was found guilty of contempt ofcourt and meted a three-month jail sentence in 1997 for an articlehe wrote in the Far Eastern Economic Review, another Dow Jonespublication, that the court said damaged the judiciary'sreputation. His case is currently on appeal.

Chelvarajah says the Bar Council may propose that presentdefamation laws be reviewed or amended to protect freedom ofspeech. It has formed a panel to monitor defamation suits in whichcomplainants seek huge damages.

(Inter Press Service)ice)

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