KUALA LUMPUR: The High Court has granted the Malaysian Communications and Multimedia Commission’s (MCMC) application for an Erinford injunction, restraining Telegram Messenger Inc and the administrators of two Telegram channels from publishing or disseminating 33 specified articles deemed harmful.
The injunction will remain in effect pending the disposal of an appeal before the Court of Appeal.
Justice Mahazan Mat Taib granted the injunction after determining that the potential harm to the defendants – Telegram Messenger Inc and the administrators of the Edisi Siasat and Edisi Khas channels – was minimal when weighed against the substantial and severe damage to national institutions, public confidence and societal harmony that could result from the continued dissemination of the harmful content.
“The court also took into account public interest and national security concerns in making its decision, stating that public interest should outweigh individual interest when matters of national safety and stability are at stake.
“Malaysia is a multi-racial and multi-religious country under a constitutional monarchy and parliamentary democracy.
“All parties involved in the judicial process here must respect the fundamental values upon which our legal system is built,” she said, adding that the defendants must shut down the channels and refrain from further disseminating harmful content, Bernama reported.
An Erinford injunction is an interim measure granted to maintain the status quo after a court has refused an initial injunction, typically to preserve the subject matter pending an appeal of that refusal.
Justice Mahazan ruled that the balance of convenience firmly favoured the applicant, noting that refusing the injunction could render the appeal nugatory as the harmful channels might multiply, migrate or cause irreparable damage.
