Should we allow businesses, corporations, MNCs.... take away freedom of expression, freedom of opinion, press freedom, freedom to highlight human rights violations and other real concerns about rights, justice, health risks, environment?
Well, sadly in Malaysia - there is still no legal protection accorded to human rights defenders and others (including media) who try to exercise these freedoms....
...and, it should not be so - there must be laws that protect the ordinary citizen and concerned groups of persons so that they can truly exercise these freedoms in democratic Malaysia...
The case of Lynas is of great interest... for this corporation, I believe, went to court to effectively try to 'gag' or prevent any statement, opinions and views that were anti-Lynas...
There were 2 suits filed, and we look now at the second suit that was filed...i.e. the suit against the publishers of Free Malaysia Today (an alternative on-line media)... which was just recently settled...
Let us look at the apology...
An apology to Lynas Corp Ltd
Re: Lynas Corporation Ltd & Anor v Mtoday News Sdn Bhd
Kuala Lumpur High Court Civil Suit No 23 NCVC-52-04-2012
We refer to the articles previously published by us which claim that the Lynas plant may be unsafe. We apologise for these publications as such claims do not have a scientific basis. The regulatory review of the Lynas plant has been thorough and diligent.
Comment - so the articles raised concerned that the Lynas Plant may be unsafe .... it was not an allegation that the Lynas plant was definitely unsafe.
And, today there was a settlement recorded in court...
And, shockingly part of the settlement seems to be an undertaking that Free Malaysia Today will no more publish anti-Lynas statements
MToday’s counsel, Rueben Mathiavaranam, told reporters that as part of terms of the settlement, Lynas withdrew the suit and the defendant gave the undertaking not to publish any more anti-Lynas statements.
So, VICTORY for Lynas - for now Malaysians and others have lost ONE avenue to assert opinions, views... for the shutting down of the Lynas Plant....etc...
So, will the strategy for such corporations be further legal actions against other forms of expression - resulting in just a shut down of all anti-Lynas protest, opinions, etc....
It is a good strategy for corporations, who do have the resources to do so, --- but is something that individual persons, protest groups, civil society, alternative media, bloggers do not have... being taken to court is not only stressful, but there is a lot money and resources needed for lawyers, etc...The Malaysian courts, with the quantum of costs and damages being awarded is no more for the poorer folks - but only the rich can utilize this battleground...
It would have been more just to have just been required to give an undertaking that no anti-Lynas statement be published until Lynas be given an opportunity to respond before publication. That is what is expected of the media anyway...
“We apologise for these publications as such claims do not have a scientific basis. The regulatory review of the Lynas plant has been thorough and diligent,” it said.
Are we expected to only say things after we have done scientific research or scientist opinions.... Can media or persons publish matters based on their own belief, opinion, etc - based on a general understanding of a subject matter obtained by 'limited' research vide internet, libraries, publications, etc ... I believe, yes....
Is rare earth dangerous? Is radiation generated a health risk? ... It is sad that part of the settlement required FMT to say ...'no scientific basis...' at all....and to also say that the review had been 'thorough and diligent' - who is FMT (or its owners) to say that it had been thorough and diligent.... Lynas can say that, but ultimately it will be the reviewing body who has to show that it was 'thorough and diligent'... and if persons disagree, then they should have the opportunity to appeal....and even take the matter to Court for a determination that it was 'thorough and diligent'.... I say, at the end of the day, all that one can really say is that I "...verily believe that it was thorough...blah...blah..." - for only God can say whether something is thorough or not....
PROPOSAL TO GOVERNMENT & CORPORATION/BUSINESSES
This is not a Battle between Lynas and the people of Malaysia - both have a right to have their say, raise their points, make their assertions and arguements.... and all this is directed to the Malaysian Government and/or the State Government and/or the relevant Local Council and/or Parliament....- who have the power to decide whether the said rare earth processing plant be allowed to operate, continue to operate, etc.... (and after that decision is made, anyone not happy can appeal ...challenge it in courts...). For cases of judicial review, there must be no cost and damages awarded at all...
So, there must be laws against parties using the courts and/or other means to attempt to gag, to gag, or to undermine the right and freedom of opinions, views, expression of the other party...
We do not want a society where human persons are expected to be 'silent' and all accepting all that is done by governments and businesses.... we want a society where human persons are concerned about others, environment and the overall well-being and good of the community... we want people to express their views and opinions....freely...and unhindered. There should be no requirement that this must be done in 'good' English or BM - likewise there should be no requirement that they must have scientific basis or proof first... before they can express a view...Views and opinions of ordinary persons are generally based of feelings, perceptions, beliefs, values, etc... seldom does it come after any 'thorough investigations' or scientific experimentation or research....and to expect that 'high standards' of ordinary human persons (not experts in the field) is really nothing more than a suppression of the freedom of expression and views...
Malaysia must ratify the UN Human Rights Defenders Convention ...
We must have laws that promote freedom of expression - not that suppress them...? As such, the repeal of the Sedition Act is certainly a step in the right direction....
We certainly must be also given full freedom of expression when it comes to corporations and businesses...
When it comes to statements about individual persons - it may have some control
I am of the opinion that the right to sue for defamation/libel should only be available to individual human persons - certainly not to corporations and other legal entities...
Lynas withdraws suit after FMT apologises
The parties recorded the settlement of the suit in chambers before High Court Judge Nor Bee Ariffin.
MToday’s counsel, Rueben Mathiavaranam, told reporters that as part of terms of the settlement, Lynas withdrew the suit and the defendant gave the undertaking not to publish any more anti-Lynas statements.
“As part of the settlement, the court also made no order as to costs and no damages to be payable, and for three offending articles also to be removed from the FMT (website),” he said.
On July 17, MToday posted an apology on its website, www.freemalaysiatoday.com, over the published articles which claimed that the Lynas plant might be unsafe for the public.
“We apologise for these publications as such claims do not have a scientific basis. The regulatory review of the Lynas plant has been thorough and diligent,” it said.
On April 19, Lynas Corporation of Sydney, Australia, and Lynas Malaysia filed the suit against MToday News over an allegedly defamatory article published on its website on March 6.
Lynas sought general and aggravated damages, costs and an injunction restraining the defendant from publishing further defamatory articles on Lynas.
Counsel Rishwant Singh represented Lynas.
- Bernama - Malaysiakini, 27/7/2012, Lynas withdraws suit after FMT apologises
Do hope that Lynas - will review its position - and give back full press freedom to Free Malaysia Today with regard its future coverage about Lynas. The condition to contact Lynas for a comment/response if the news report is 'anti-Lynas' before publication of the said report, with the assurance that Lynas will respond within 1 hour failing which the report shall be published - and any response by Lynas shall be forthwith published thereafter as soon as possible...
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