NGOs said the postponement of a lawsuit by Sarawak timber giant Samling Group Bhd against indigenous grassroots organisation Save Rivers, is placing an unending gag order on the group.

The defamation suit, set to be heard at the High Court in Miri today, was postponed for the fourth time, to make way for an urgent criminal case.

Despite the postponement, indigenous community members held peaceful demonstrations, sang and danced outside of the courthouse to support Save Rivers, and call for Samling to drop the lawsuit.

Samling is taking legal action against Save Rivers over a statement it made about the timber firm's activities in the Upper Baram area, home to the Penan community.

In a statement today, NGOs Bruno Manser Funds and the Borneo Project said the trial "allows Samling to keep silencing Save Rivers while they wait for legal resolution".

“There is a larger story here - if Samling gets away with silencing opposition, more and more companies will follow suit. This is about the democratic process and indigenous rights in Sarawak,” said Jettie Word, director of The Borneo Project.

Boyce Ngau, vice-chairperson of the Gerenai Community Rights Action Committee (GCRAC) from Long Moh in Baram, also alleged that logging activities still continue pending the trial.

‘We will continue to fight on’

Last year, the United Nations Special Rapporteur for Human Rights Defenders classified the Samling lawsuit against Save Rivers as a Strategic Lawsuit Against Public Participation (Slapp), designed to muzzle civil society and journalists from voicing dissent.

However, in its statement last week, Samling said it had no other choice but to take legal action against Save Rivers, after the NGO continued to spread what it claimed were misleading statements against the timber giant.

Save Rivers' lawyer Simon Siah said the NGO will continue to prepare to defend its position, as it believes the case could have a significant impact on future rights defenders and freedom of expression.

“I am sure that because of this case, companies like Samling will do better in the future.

"Because of all this international pressure picking up, everyone is looking at us now. We will continue to fight on.

"We don’t know if they will withdraw the case or proceed, but we will go on.”

In its lawsuit filed in June 2021, Samling is seeking an apology, an injunction stopping Save Rivers from reporting community claims, and damages to the sum of RM5,000,000.

The suit claimed that Save Rivers made several defamatory statements about the company between 2020 and 2021, questioning the sustainability of Samling’s logging operations in Sarawak and the certification process under the Malaysian Timber Certification Scheme (MTCS).

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