The court today heard an application from KiniTV and its two directors, Steven Gan and Premesh Chandran, to strike out the charges against them under Section 233(1)(a) of the Communications and Multimedia Act by declaring it as unconstitutional.

They are contending that the section which criminalises anything published on the web, allegedly offensive, and injures the feelings of others, goes against Articles 5, 8, and 10(1)(a) of the Federal Constitution, which conferred the journalists the right to report what is stated by politicians.

Article 5 is regarding the liberty of a person, Article 8 concerns equality, while Article 10(1)(a) is on freedom of speech and expression.

Gan, in his supporting affidavit, said that Section 233(1)(a) was not a proportionate legislation in the interest of the country, as it violated the freedom of expression as stipulated in Article 10(2)(a) of the constitution...