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I refer to the Malaysiakini report BBC's HARDtalk denies bowing to Putrajaya.

In defence of the BBC , I feel that I should point out that it does have a legitimate fear of being dragged through the Malaysian courts.

Some years ago I was threatened with legal action by a certain former editor-in-chief of the NST over a piece pointing out that he’d quit a day after being accused of plagiarism – accusations the BBC ’s lawyers judged would have been upheld as credible by an English court on the basis of comparisons between his text and that he was alleged to have ripped off.

However, the senior and well-connected Malaysian lawyer who was acting as our counsel was adamant that we could not be guaranteed a fair trial in a Malaysian court, indeed that we might reasonably not expect one.

For that reason, the BBC settled for appending a statement to the online piece underscoring the fact that it wasn’t in itself accusing said editor of plagiarism. We remained quite happy for our readers to draw their own conclusions.

On reflection, I feel we shouldn’t have settled but rather allowed the other side to humiliate itself by parading the matter through the courts. I doubt, however, that the BBC as a corporate entity would have judged that in its best interests.

So long as Malaysia’s judicial system remains vulnerable to political manipulation, news organisations will judge the gains against the risks – and the gains from broadcasting an interview with Raja Petra Kamrduddin were probably few weighed against the hassle of defending any action arising from that.

However, I really do not believe, as some have suggested, that the BBC would allow itself to be pushed around by the UK government to protect supposed arms deals. Unlike Malaysia’s courts which in 50 years of independence have never stood up to the government and overturned any legislation, the English courts have regularly ruled against the government.

Moreover any British politician foolish enough to try to pressure the BBC would very shortly come under far greater pressure to resign. It just doesn’t work. In media terms, the UK is in a different universe in Malaysia.

That said I would like to see Raja Petra interviewed rigorously as I am sure would many of my friends in Malaysia. He has something to say but much to be challenged on.

If no one else is in a position to do it I would be most delighted to interview him myself and if he is agreeable, though I am far from being a Tim Sebastian or Stephen Sackur, I will try to ask him the questions that so many in Malaysia would like to see him answer, and should someone then put it on YouTube everyone with an Internet connection can judge for themselves.

Does that sound like a plan?


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