Several lawyers and a media academician has spoken out against the Malaysian Communication and Multimedia Commission's move to order two online portals to remove eight articles which allegedly broke its laws.

Lawyer N Surendran said any parties aggrieved by any reports could resort to civil action and press defamation charges if it was true that they had been defamed.

"The criminal or penal sanction of the MCMC Act cannot be used to protect any individual.

"That is infringement of freedom of speech which is guaranteed under the constitution," he told Malaysiakini when contacted.

MCMC had yesterday instructed Malaysia Today and The Malaysian Insight (TMI) to remove several articles which it claimed are against the law for going against Section 233 of its Act.

TMI was asked to take down seven articles while Raja Petra Kamaruddin's blog portal was ordered to take down one article through an MCMC letter dated Feb 15.

While it is understood that the MCMC's action against Malaysia Today was linked to an article on Faridah Begum KA Abdul Kader - the wife of Attorney-General Mohamed Apandi Ali - TMI chief Jahabar Saddiq did not reveal the exact nature of complaints against TMI.

Surendran, however, pointed out that even the prime minister is not entitled to special protection which is not available to ordinary citizens.

"He (prime minister) has no special rights or protections over and above what ordinary Malaysians have.

"The MCMC action was unconstitutional and unlawful," stressed the PKR vice-president.

Lawyer Latheefa Koya (photo), meanwhile, reminded that regulatory bodies like the MCMC cannot have powers or laws that compromises the right to freedom of press as guaranteed under the federal constitution.

She said this in welcoming the proposal to set-up an independent press ombudsperson as an alternative measure to resolve ethical issues surrounding the media.

"A press ombudsman is certainly a good idea in order to deal with abuse of the internet and other related problems. The real issue is however to ensure it is independent and has integrity.

"You can call it commission, special commission, ombudsman...but if its integrity and independence is compromised, then it goes back to the same problem such as with the MCMC or the MACC," she said.

"And to ensure its independence, it must be responsible to the parliament and not the government," added the PKR central committee member.

Media studies professor Zaharom Nain (photo) similarly condemned MCMC's actions against the two news portals.

"MCMC's actions was high-handed, authoritarian and possibly politically-motivated.

"Unless and until they have evidence that the articles are manifestly false, they shouldn't be interfering or censoring the media," he said.

He also concurred that a press ombudsman was a better alternative solution rather than resorting to pursuing legal actions against media organisations.

"It will be a position agreed to by the editors, owner's and journalists, and possibly academics. No state or regime interference.

"Best that it is a position decided by and agreed upon by the professionals, not the politicians and their lackeys," he explained.

The Star yesterday reported that all eight articles purportedly address current issues and local politics while being openly critical of certain political parties and leaders.

MCMC, in its letter to Malaysia Today, also urged the portal to be more conscious in ensuring they do not publish articles that go against the country’s laws.