PETALING JAYA: There is no reason to ban the Netflix documentary “Man on the Run”, say constitutional experts, despite claims that it is sub judice or tantamount to contempt of court.
Emeritus Professor Datuk Dr Shad Saleem Faruqi said while it can be argued that the documentary may be sub judice to the ongoing 1Malaysia Development Bhd (1MDB) trial, there is no evidence that it could amount to contempt of court.
He said the rules on sub judice and contempt of court were created during the days when Malaysia still practised jury trials, but these were abolished in 1995.
“At the time, there was a real danger that members of the public who are on the jury may be influenced by comments they hear, but those days (of jury trials) are gone.
“Judges who hear cases nowadays are trained, intellectually and emotionally mature, and impartial, and make decisions according to the law and based on admissible evidence, despite whichever direction the wind is blowing.
“While I agree that the show could be sub judice, I don’t agree that it is in contempt of court and it should not be banned because our judges will not be influenced when making decisions,” he said when contacted yesterday.
The jury trial system in Malaysia was abolished on Jan 1, 1995.
Although the call for its repeal had been made several years earlier, it was expedited after the Mona Fandey case in 1993.
The sensational nature of that crime had heightened concerns that jury verdicts could be coloured by emotions and media bias. Given that the 1MDB case has been widely reported worldwide for about 10 years, Prof Shad Saleem said banning such a documentary would not be sensible, adding that the country should put its trust in the judiciary.
“It’s not like we don’t know about 1MDB and all the allegations. There have also been court trials in other countries, and this has been going around for many years,” he said.
On the arguments that the documentary could be deemed defamatory to former prime minister Datuk Seri Najib Razak, he said there was a difference between “defamatory” and “denigratory.”
“If you see someone short and you call him ‘hello shorty’, that is not defamation, it is an insult. It is not proper, but it is not a crime.
“The difference is that if you paint someone in a bad light, but it is the truth, then it is denigratory.
“So, if Najib’s lawyers believe it is defamatory, they should take it to court and see if it will issue an injunction (on the documentary).
“However, can the injunction be enforced? Netflix is an international streaming platform and this will be a challenge because Section 3(3) of the Communications and Multimedia Act 1998 does not permit censorship of the Internet.
“This is the age of information. How in the world do you stop information from reaching judges, lawyers, prosecutors and the public?”
Professor Dr Nik Ahmad Kamal Nik Mahmood of International Islamic University Malaysia said instead of making the sub judice arguments publicly, the relevant parties should leave it to the courts to decide.
Since the argument on sub judice could go both ways, a neutral party must make the decision, he said.
“And that (neutral party) is the courts. The term ‘sub judice’ first and foremost means that the matter is already in court and whatever reported or shown is something that may affect the judgment of the judge.
“Anyone can say something is sub judice or not. In this case, all of the information shared (in the documentary) is in the public domain and from the earlier trials, so these are the arguments that the defence can use to say it is not sub judice,” he said.
The 98-minute documentary Man on the Run was first screened in Malaysian cinemas on Oct 19 last year and appeared on Netflix on Jan 5 this year.
The documentary highlights fugitive Malaysian financier Low Taek Jho, or Jho Low, and his dealings with the controversial 1MDB, and features interviews with Najib and Prime Minister Datuk Seri Anwar Ibrahim.
Najib’s lawyers have called for the removal of the documentary from Netflix, claiming that the show is defamatory, biased, sub judice, offensive and in contempt of court in light of the former premier’s ongoing 1MDB trial.
While Anwar said the government would look into the request, Lawyers For Liberty said it would be unlawful for Putrajaya to remove the documentary given that the issue is currently under the jurisdiction of the courts.
News Related
-
Window opens for Zahid to ride off into the sunset – but at Anwar’s cost Sources within Umno have not ruled out strong speculation since last month about a so-called “exit plan” for Ahmad Zahid Hamidi, a move that could pave the way for his political retirement having survived more ...
See Details:
Window opens for Zahid to ride off into the sunset – but at Anwar's cost
-
Brianna Ghey died after she was found with fatal stab wounds in a park Two teenagers accused of murdering Brianna Ghey showed a “preoccupation” with “violence, torture and death”, a court has heard. The body of Brianna, 16, who was transgender, was discovered by dog walkers in a park in ...
See Details:
Murder-accused teens 'had preoccupation with torture'
-
ISLAMIC REVOLUTIONARY Guard Corps Commander-in-Cheif Major General Hossein Salami speaks at an anti-Israel protest in Tehran on Saturday. The IRGC trained Hezbollah to use human shields, say the writers. The conflict in Gaza has raised a deeply troubling issue: Reports suggest that Hamas is deliberately using civilians as shields, a ...
See Details:
A plea for Islamic voices against using human shields - opinion
-
Photo for illustration purposes only. – BERNAMA FILE PIX SHAH ALAM – The government needs to strengthen the Malaysia My Second Home (MM2H) programme, especially with the exemption of visas for Chinese and Indian citizens visiting the country starting Dec 1. Universiti Tun Abdul Razak economic expert Emeritus Professor Dr ...
See Details:
Strengthen MM2H programme, promote multiple entry visa
-
GEG element removed from anti-smoking Bill KUALA LUMPUR: The generational end-game (GEG) element has been removed from the revised Control of Smoking Products for Public Health 2023 Bill tabled for the first reading in the Dewan Rakyat on Tuesday (Nov 28). This is as the Health Ministry tries for the ...
See Details:
GEG element removed from anti-smoking Bill
-
-
-
KUALA LUMPUR (Nov 28): National carrier Malaysia Airlines Bhd has launched its year-end sale with ticket prices starting from RM79 to domestic destinations and from RM229 to international destinations, for travellers who book flights between Nov 28 and Dec 11 this year. In a statement, Malaysia Airlines said all-in one-way Economy Class ...
See Details:
Malaysia Airlines launches year-end sale
-
KUALA LUMPUR (Nov 28): National carrier Malaysia Airlines Bhd has launched its year-end sale with ticket prices starting from RM79 to domestic destinations and from RM229 to international destinations, for travellers who book flights between Nov 28 and Dec 11 this year. In a statement, Malaysia Airlines said all-in one-way Economy Class ...
See Details:
Dr M accuses govt of bribery over allocations
-
KUALA LUMPUR (Nov 28): National carrier Malaysia Airlines Bhd has launched its year-end sale with ticket prices starting from RM79 to domestic destinations and from RM229 to international destinations, for travellers who book flights between Nov 28 and Dec 11 this year. In a statement, Malaysia Airlines said all-in one-way Economy Class ...
See Details:
Malaysia to check if the Netherlands still keen to send flood experts
-
KUALA LUMPUR (Nov 28): National carrier Malaysia Airlines Bhd has launched its year-end sale with ticket prices starting from RM79 to domestic destinations and from RM229 to international destinations, for travellers who book flights between Nov 28 and Dec 11 this year. In a statement, Malaysia Airlines said all-in one-way Economy Class ...
See Details:
Appeals court to rule in Isa’s graft case on Jan 31
-
KUALA LUMPUR (Nov 28): National carrier Malaysia Airlines Bhd has launched its year-end sale with ticket prices starting from RM79 to domestic destinations and from RM229 to international destinations, for travellers who book flights between Nov 28 and Dec 11 this year. In a statement, Malaysia Airlines said all-in one-way Economy Class ...
See Details:
Elephants Trample On Axia With Family Of Three Inside
-
KUALA LUMPUR (Nov 28): National carrier Malaysia Airlines Bhd has launched its year-end sale with ticket prices starting from RM79 to domestic destinations and from RM229 to international destinations, for travellers who book flights between Nov 28 and Dec 11 this year. In a statement, Malaysia Airlines said all-in one-way Economy Class ...
See Details:
Sirul fitted with monitoring device
-
KUALA LUMPUR (Nov 28): National carrier Malaysia Airlines Bhd has launched its year-end sale with ticket prices starting from RM79 to domestic destinations and from RM229 to international destinations, for travellers who book flights between Nov 28 and Dec 11 this year. In a statement, Malaysia Airlines said all-in one-way Economy Class ...
See Details:
Nigerian airliner lands at wrong airport
OTHER NEWS
THOSE looking for fresh produce may find themselves spoilt for choice at the biggest wet market in Klang, but visitors to the place say the condition of the facilities and ...
Read more »
Olive Grove is the first-ever gated-and-guarded development in Bercham, Ipoh with 24-hour security. IPOH: YTL Land and Development Bhd announced that Phase 1 of Olive Grove is fully sold while ...
Read more »
Screenshots of a video showing a teenager pointing a knife at an elderly e-hailing driver. PETALING JAYA: Police have arrested a 13-year-old boy for holding an elderly e-hailing driver at ...
Read more »
Sprint Highway’s Semantan To KL Slip Road Fully Closed Until Dec 31 If you’re a regular user of the Sprint expressway, you’ll need to do some planning for your trips ...
Read more »
Genshin Impact Version 4.3 Leak Showcases Update to Domains New leaks reveals a quality-of-life update to Domains in Genshin Impact, making it easier for players to repeat and farm resources. ...
Read more »
CG Computers will host the Urban Republic (UR) Warehouse Clearance from 30 November to 3 December at the Atria Shopping Gallery in Petaling Jaya. During the event, visitor can get ...
Read more »
Photo for illustrative purposes only – 123RF KUALA LUMPUR – Hyperinflation has never happened in Malaysia and the government hopes it will never happen, according to the Economy Ministry. It ...
Read more »