Nod for MCMC’s application


KUALA LUMPUR: The Malaysian Communications and Multimedia Commission (MCMC) has obtained a default judgment against the administrators of two Telegram channels, Edisi Siasat and Edisi Khas, over the publication and circulation of 33 allegedly defamatory and harmful articles.

MCMC’s lawyer Wong Guo Jin said High Court judge Justice Mahazan Mat Taib granted the commission’s application after the unidentified individuals operating the two channels failed to enter a memorandum of appearance by the court-mandated deadline.

“However, general and exemplary damages will be assessed later by the court,” he told reporters after the proceedings yesterday, Bernama reported.

MCMC filed the application for default judgment on Sept 25, after the defendants failed to submit an appearance and the required acknowledgement of service due on Sept 10.

The final deadline for the defendants to file their defence was Sept 24, but no defence has been submitted to date.

Wong said the court has set Nov 27 for case management to review MCMC’s default judgment application against Telegram Messenger Inc, the third defendant in the suit.

Through the default judgment, the court granted MCMC a declaration that the administrators of the Edisi Siasat and Edisi Khas Telegram channels had allowed or facilitated the use of their platforms to publish and distribute harmful content targeting individuals in Malaysia.

The court also issued a mandatory injunction ordering the channel administrators to immediately and permanently remove all false, threatening and offensive content.

Another injunction prohibits the administrators or their agents from continuing to utter, write, distribute or publish harmful material.

Additionally, the court granted a restraining injunction barring the administrators from releasing similar false, threatening or offensive content in the future.

On Oct 30, the court granted MCMC an Erinford injunction against Telegram Messenger Inc and the administrators of the two Telegram channels, preventing them from publishing or circulating the 33 articles until the appeal at the Court of Appeal is concluded.

In its statement of claim, MCMC alleged the channels had engaged in a coordinated campaign targeting the royal institution and various public bodies since Feb 6, 2024.

MCMC also claimed the defendants spread false and misleading information with the intent to disturb public order, erode trust in national governance and incite dissatisfaction and hatred toward the Malaysian government.

Meanwhile, in a statement, MCMC’s lawyer Datuk SN Nair said the High Court’s orders reflect the seriousness with which the Malaysian judiciary views the abuse of digital communication channels and the harm caused to individuals and public institutions.

“While the administrators of these channels remain anonymous, today’s ruling affirms that online anonymity does not shield wrongdoers from legal accountability.

“The orders obtained empower MCMC to continue its enforcement efforts and preserve its right to recover all damages and legal costs should the identities of the individuals behind these channels be established in the future,” he said.

The lawyer added that MCMC remains steadfast in its commitment to ensure digital platforms are not exploited to threaten public order, undermine reputations or disseminate unlawful content.

“We will continue to work closely with relevant authorities and service providers to ensure compliance with Malaysian law,” he said.

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