High Court grants MCMC injunction against Telegram and channel administrators to stop dissemination of 33 harmful articles pending appeal.
KUALA LUMPUR: The High Court granted the Malaysian Communications and Multimedia Commission’s application for an Erinford injunction against Telegram Messenger Inc and administrators of two Telegram channels.
This injunction restrains them from publishing or disseminating 33 specified articles deemed harmful pending the disposal of an appeal before the Court of Appeal.
Judge Mahazan Mat Taib determined that potential harm to the defendants was minimal compared to the substantial damage to national institutions and societal harmony from continued content dissemination.
The court considered public interest and national security concerns paramount in its decision-making process.
Judge Mahazan stated that public interest should outweigh individual interest when matters of national safety and stability are at stake.
She emphasised that Malaysia’s multi-racial and multi-religious society under constitutional monarchy requires respect for fundamental legal values.
The defendants must shut down the channels and refrain from further disseminating harmful content according to the court order.
An Erinford injunction serves as an interim measure to maintain status quo after a court refuses an initial injunction.
Judge Mahazan ruled that the balance of convenience firmly favoured granting the injunction to prevent the appeal from becoming nugatory.
She expressed disappointment with Telegram’s failure to comply with the court order issued in September.
The judge noted Telegram’s conduct demonstrated technical compliance without substantive regard to the court order’s spirit and purpose.
She observed that Telegram’s narrow construction of the earlier order reflected an attempt to exploit procedural requisition to circumvent substantive justice.
Judge Mahazan dismissed the defendants’ application for a stay of execution of the court’s order to remove the channels.
MCMC was represented by counsels Datuk Sankara Nair and Wong Guo Jin during the proceedings.
The commission filed the suit on May 21 against unidentified administrators of “Edisi Siasat” and “Edisi Khas” Telegram channels as first and second defendants.
Telegram Messenger Inc was named as the third defendant in the legal action.
MCMC sought a declaration that the channel administrators had permitted and facilitated publication of harmful content against parties in Malaysia.
The commission also sought a declaration that Telegram had assisted in content distribution by failing to remove channels after statutory orders.
MCMC further sought a declaration that Telegram violated Sections 73(1)(a) and 263(2) of the Communications and Multimedia Act 1998.
In a June 19 statement, MCMC confirmed taking decisive action through this civil suit against the two Telegram channels.
This legal action marks the first of its kind against a licensed social media platform provider in Malaysia.
The case holds particular significance as Telegram operates with a Class Application Service Provider license in Malaysia. – Bernama
