On May 14, 2014, Malaysiakini published two defamatory news articles entitled: ‘A case of the PM reaping what he sows’ and ‘How much will Najib spend to keep Terengganu?’

These articles - which were based on reader comments selected and then republished by Malaysiakini - made a slew of false and defamatory allegations against the Prime Minister; including insinuating his involvement in serious crime.

After the articles were published, the Prime Minister’s legal team wrote to Malaysiakini and requested that the articles be removed and an apology issued. Malaysiakini refused, and instead published the private legal letter and further articles.

The prime minister’s legal team therefore decided to take legal action against Malaysiakini for defamation.

Malaysia has a free and open online media. A cursory glance at the online media shows its independence - news portals frequently criticise both the prime minister and the government, and engage in robust political debate.  

The prime minister has frequently stated his commitment to protect the freedom of Malaysia’s online media. The defamation case does not undermine this commitment.

As the prime minister noted in a speech to the National Press Club in Kuala Lumpur on May 26, 2014:

“In a democracy, there will always be people who disagree with your policies, or disapprove of your government. I welcome criticism which is informed and constructive.

“There is a difference between legitimate criticism, and defamation. It is my legal team’s opinion that recent allegations by an online news portal overstepped the line. They have therefore issued a legal notice.

“I want be very clear: this does not indicate any wider agenda. It is not part of any crackdown; it is not an attempt to silence critical voices. It is a matter of acting on specific accusations which cross the line from fair comment into slander.

“Both government and opposition leaders in Malaysia have taken legal action against organisations which they believe have breached the law. And that is not unusual: in democracies, legal action against alleged defamation in the media is an appropriate recourse.

“It is part of another balancing act: the balance between being open to constructive public criticism whilst holding public office, and the fundamental right to protect your dignity and your good name from being recklessly attacked as a result of political beliefs.”