KUALA LUMPUR: The High Court has allowed a preliminary objection by the Malaysian Communications and Multimedia Commission (MCMC) against a Bersatu Youth leader's leave application, seeking to challenge a ban on his two TikTok accounts.
Na'im Brundage, who is a Bersatu Youth executive council member, was seeking leave to commence judicial review (JR) over claims that the MCMC had blocked his two social media accounts.
Justice Norliza Othman, in her brief decision, however agreed with the MCMC's preliminary objection that it merely took an administrative step when it alerted TikTok of the applicant’s (Na'im) breach of community guidelines, which later resulted in TikTok's action to block or suspend the said accounts.
As the decision to block or suspend lies with TikTok, Justice Norliza said the court saw that there was no decision by the MCMC that could be reviewed through a JR.
"An administrative decision is not a decision that is susceptible to judicial review by this court.
"In this case, the very first hurdle that the applicant failed to determine was who was making the decision to censor and block the TikTok accounts.
"And it is definitely TikTok who has censored and blocked the applicant’s accounts, and not the respondents," Justice Norliza said here on Tuesday (Sept 22).
On June 24, 2024, Na'im filed the application for leave to initiate judicial review after his two accounts were blocked.
He named MCMC's chief network security officer Datuk Dr Mohamed Sulaiman Sultan Suhaibuddeen, the MCMC chairman, the MCMC, Communications Minister Datuk Seri Fahmi Fadzil, and the government as the first until the fifth respondents.
He sought a certiorari order to dismiss the respondents’ decision, as stated in a letter dated April 1, 2024, to block his two TikTok accounts.
He claimed that the blocking of his TikTok accounts contradicted Section 3(3) of the Communications and Multimedia Act 1998, and that there was no provision under the legislation authorising such an action.
“The respondents’ decision to block the TikTok accounts is invalid, unlawful, irrational, procedurally improper, unjust and a violation of fundamental justice,” Na’im claimed.
In his supporting affidavit, Na’im said he frequently uploaded videos on his two TikTok accounts, expressing his views and opinions on current issues of public interest, including social, political and economic matters.
However, in March, Na’im discovered that his TikTok accounts had been blocked and were inaccessible for viewing.
The MCMC then filed the preliminary objection.
Lawyer Latheefa Koya, who represented Na'im, told the media that they would be appealing the decision.
Lawyer A. Ruebankumar appeared for the first, second and third respondents. Senior Federal Counsel Ainna Sherina Saipolamin appeared for the minister and the government.
