Govt told to stop MCMC from using taxpayers' money to silence critics

Putrajaya has been urged to intervene and stop the MCMC from using public funds to file defamation suits against its critics, following the Shah Alam High Court’s ruling against Australian blogger Murray Hunter.

Former MACC chief commissioner Latheefa Koya argued that government agencies have “no business” suing members of the public over criticism, warning that such actions could have a chilling effect on free expression and public debate over the conduct of public institutions.

“They (MCMC) have to stop acting like they are a private person whose feelings are wounded by criticism.

“If the people in charge of MCMC think anyone has made a false statement about (or) in relation to it, the right thing for them to do is issue a statement denying, explaining, or clarifying (the matter),” Latheefa told Malaysiakini.

Yesterday, MCMC said the court’s verdict holding Hunter liable for defamation in a suit brought by the commission reaffirms that free speech is not an absolute right, as it must be exercised responsibly and is contingent upon legal boundaries.

According to MCMC, Hunter had published a series of articles containing false and defamatory statements against the commission between April and November 2024, which carried serious and unfounded allegations that misled the public and damaged its reputation.

Earlier, MCMC stated that police reports had been lodged in Malaysia and Thailand in April and June 2024 over these publications.

Using public resources against public

Latheefa, however, asserted that it was unacceptable for a public agency funded by taxpayers to use those same resources to take legal action against the public.

“Why is MCMC using our tax dollars to fund litigation against critics? You cannot use public-funded resources against the public,” the Lawyers for Liberty co-founder said.

She added that the government must step in and make it a clear policy that government agencies or statutory bodies are not to sue individuals over statements or criticism directed at them.

“Also, the MCMC statement does not make it clear whether this is a judgment after trial or a judgment in default because Hunter was not in the country to defend the suit. 

“As is well known, he is in Thailand fighting a criminal case against him, pursuant to a report lodged by the MCMC itself,” she highlighted.

Earlier this month, Hunter told Malaysiakini that Thai authorities had acted on MCMC’s orders in detaining and charging him with defamation over several of his blog articles critical of Malaysian authorities.

Based on official court documents and police reports, the political commentator was charged under Section 328 of the Thai Criminal Code with defamation, where four of his Substack articles were quoted as defamatory material.

The documents also included links to Hunter’s Substack posts, where he had criticised the MCMC, the Malaysian police, and Umno leaders as allegedly flouting the Constitution for their own benefit and disregarding public interests.

When questioned on the matter at an Oct 1 press conference, Communications Minister Fahmi Fadzil directed queries to be addressed to the MCMC.

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