The Kuala Lumpur High Court's decision to quash the Home Ministry's decision not to grant a publishing permit to Malaysiakini and affirmed that the right to freedom of expression includes the right to publish and is a fundamental liberty, is a very significant judgment for freedom of press in Malaysia.

dap islamic state forum 260707 shanmuga kanesalingam This view was shared by lawyer K Shanmuga ( right ), who represented Malaysiakini in the case, as well as Center for Independent Journalism executive officer Masjaliza Hamzah.

They were quoted in New York Times , the US-based international daily which has reported about the important judgment.

It reported that obtaining permission to publish a newspaper in Malaysia, where the print media are dominated by government-linked publications, is likely to become easier after the judgment.

“Recognition that the right to publish a newspaper is a fundamental right is very, very significant.

“It’s the first time we’ve had this said by a judge,” Shanmuga was quoted as saying.

Shanmuga added that the ruling would make it more difficult for the government to refuse an application for such a license, because it requires officials to show that the proposed publication would be a threat to public order or to national security, or would be immoral.

NONE Masjaliza ( right )described the decision as a “very progressive judgment for freedom of expression, for freedom of the press in Malaysia”.

“It’s very significant,” she said, because few new permits for print newspapers have been granted in recent years.

“The permits that have been given out are mostly for small-scale publications, but not for the kind of publication that could garner a national audience, which Malaysiakini could,” Masjaliza said.

She said it was difficult to predict whether the ruling would lead to a rush of applications for licenses, because printing a newspaper still requires a large amount of capital.

But many Malaysians, particularly those in rural areas, still rely on print, she said, and a new newspaper could challenge the dominance of the government-linked media in those areas.

“If a newspaper launched that is targeted toward the Malay hinterland,” she said, “it would have a huge impact in terms of the kind of information people get, which has more diversity of opinions, which has more space being given to multiple political actors and political parties.”

NONE Premesh Chandran ( left ), co-founder and chief executive officer of Malaysiakini , said he hoped the company’s application for a permit would now be approved, although he expected the government to appeal.

Home Minister Hishammuddin Hussein reportedly said that the ministry will seek the advice from the Attorney-General's Chamber on how to proceed with the case. The government has one month to appeal the decision.

Hisham wants appeal on Malaysiakini decision