Gerakan No 2 appeals RM550k payment to Guan Eng for defamation
Oh's lawyer, Chai Ko Thing, said the appeal was filed on May 21.
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The Star
an hour ago
- The Star
Words ‘offensive' and ‘annoy' crossed out from online law
PUTRAJAYA: The Court of Appeal has struck down a part of Section 233 of the Communications and Multimedia Act 1998 that consisted of the words 'offensive' and 'annoy'. A three-judge panel, chaired by Federal Court judge Justice Lee Swee Seng, held that the words 'offensive' and 'annoy' in Section 233 were unconstitutional. 'We find the impugned words 'offensive' and 'annoy' in Section 233 constituting an offence to be inconsistent with Article 10(2)(a) of the Federal Constitution read with Article 8, and hence unconstitutional and void. 'It is not a permissible restriction to freedom of expression under our Federal Constitution. 'The appeal is allowed and the order of the High Court is set aside,' Justice Lee said. The court did not make any order as to costs. 'Being a constitutional matter, we make no order as to costs as no one is the winner but the Malaysian public where freedom of expression is concerned. 'We declare this decision to have prospective effect so as not to resurrect the past which is better left interned,' Justice Lee said. Other judges on the Bench were Court of Appeal judges Justices Hashim Hamzah and Azman Abdullah. The Court of Appeal's judgment arose from an appeal by activist Heidy Quah, who filed an originating summons to declare the words in the law provision as null and void as it is inconsistent with Article 10 of the Federal Constitution read with Article 8. Section 233(1)(a) states that it is an offence for a person to make, create or solicit, and initiate the transmission of any online comment which is 'obscene, indecent, false, menacing or offensive' with 'intent to annoy, abuse, threaten or harass another person. However, under an amendment effective February this year, the word 'offensive' was replaced with 'grossly offensive'. In this respect, the appellate court found that the amendment did not affect Quah's legal challenge. On July 27, 2021, Quah, who is the founder of Refuge for the Refugees, claimed trial at the Kuala Lumpur Sessions Court to a charge of sharing offensive content over a Facebook post that alleged mistreatment of refugees at an Immigration detention centre. She was accused of making the post through her Facebook page under the name 'Heidy Quah' with intent to insult others at about 5.30am on June 5, 2020. On April 25, 2022, she was granted a discharge not amounting to an acquittal after the Sessions Court allowed her preliminary objection. At the same time when her case at the Sessions Court began, Quah filed an originating summons at the Shah Alam High Court on Aug 30, 2021, to challenge the provision of Section 233 that was used against her. On Sept 12, 2023, the High Court dismissed her application without order as to costs. Quah then appealed the matter at the Court of Appeal, which resulted in yesterday's judgment.
The Star
10 hours ago
- The Star
Asean News Headlines at 10pm on Tuesday (Aug 19, 2025)
Malaysia * Zara's diary tells tragic story * Five minors to be charged in Zara's bullying case * KL has highest number of hotels, draft for short-term rental rules ready, says Nga * 386 medical officers resigned from Health Ministry last year, says Dzulkefly * Identities of accused in Zara's bullying case must also be protected, says Children's Commissioner * Cook charged with murdering wife's lover * Hearing of bid to exhume body of Palapes cadet for second post-mortem set for Aug 25 * Zara bullying case: Lawyers urge AG to bring harsher penalties to bear or delay charging suspects * Government monitoring, acting on 'swinger' activities, says Saifuddin * Bullying of 10-year-old cancer patient: Seven called up in probe, says Johor top cop * Sept 4 decision on Najib's bid to cite ex-AG for contempt * Sultan Abdul Halim Airport closed due to an aircraft-related incident, says MAHB * EVs to make up 20% of country's waste management fleet by 2027 * 'I feel threatened,' says key witness in Guan Eng corruption trial * Double whammy: Man loses over RM450,000 after falling victim to consecutive scams * Former CJ questions why police still cannot locate Indira's daughter * Anwar chairs unity government leadership consultative council meeting on Tuesday (Aug 19) * Five teens to be charged with bullying Zara Qairina, not causing her death, says AGC * Muslim men in Terengganu face two years in jail, RM3,000 fine for missing Friday prayers * Akmal Saleh to be charged on Friday (Aug 22) * Anwar: National financial management carried out in line with the spirit of FRA * Air Force training plane makes emergency landing at Kedah's Sultan Abdul Halim Airport Singapore * Wong vows to protect jobs from AI, trade wars * Singaporean teacher who molested pupil on three occasions gets jail term reduced by three months on appeal * Two China Eastern Airlines planes involved in runway incursion at Changi Airport in Aug 2024 * Four days' jail for former pre-school teacher who kicked and bruised pupil's shin * Singapore seals carbon credit deal with Thailand, its first South-East Asian partner * What led to Changi Airport runway incident involving two China Eastern Airlines planes in August 2024 * Married man who offered cash to 12-year-old girl for sexual acts gets 19 months' jail in Singapore * Girl, 14, among three injured after minibus falls into Singapore's Bukit Panjang canal * Man to be charged after allegedly slashing another man with Swiss knife at Singapore's City Plaza Indonesia * Twenty years on, Aceh and Jakarta continue managing peace * Games, dancing and singing bringing people together in Indonesia * Bali police arrest Peruvian over drugs smuggled in sex toy * Fire at illegal oil well in Indonesia kills three, hundreds evacuated Thailand * Thailand prepares to sue Cambodian leaders over border conflict * Thai industrial sentiment falls to lowest level in three years * Thailand records 7.04% y/y drop in foreign visitors so far in 2025 * Thai princess on 'continuous' treatment to stabilise blood pressure * Bank of Thailand to limit daily transfers to 50,000 baht to curb fraud and protect consumers * Thailand turning to Sri Lankan workers to cope with Cambodian exodus, official says * Malaysian defence attache leads Asean observer mission to Thai-Cambodian border Philippines * Philippine Senate asked to probe church accused of abusing 156 kids * Long lines? 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Korea * Eight die as rain batters Maharashtra; heavy forecast in Mumbai, Thane, Palghar * 7 in 10 Korean adults digitally adept, but divide widens by income, education * Pop Mart's Labubu doll frenzy drives huge revenue and profit growth * English legend Lee Westwood and South Korean star Sungjae Im to headline SJM Macao Open 2025 * Malaysia's second keirin spot for SEA Games up for grabs at Track Asia Cup * Twenty bodies found in Pakistan mountain village after cloudburst flooding * PM Anwar discusses ceasefire, border monitoring efforts, with Cambodian and Thai counterparts * Asean Club Championships Shopee Cup 2025 group stage kicks off; Malaysia's JDT and Thailand's Buriram are the early favourites * Over 14 million foreign visitors to Johor this year, Singaporeans top list * Cricket-Gill and Bumrah in India's Asia Cup squad, Jaiswal ignored * Ringgit up against major currencies, holds steady against greenback on strong trade data * Foreign worker quota open until Dec 31 for three main sectors, 10 subsectors * Indian police exhume human remains in mass-burial investigation * Over 100,000 foreigners who entered country on work passes cannot be found, says Saifuddin * HK actor Lee Lung Kei, 74, denies rumours of rift with 38YO fiancee: 'We are doing well' * Former Miss HK Grace Chan throws surprise birthday party for husband Kevin Cheng in Malaysia * Japan's defence minister visits Turkey for talks on defence cooperation, drones * Indonesian acts Tulus and Juicy Luicy showcase a sterling display at the inaugural Ruang Inspirasi Festival in KL * Trump says Putin 'tired' of war, but possible he doesn't want to make a deal * Rugby-Women's World Cup hails huge ticket sales
Free Malaysia Today
15 hours ago
- Free Malaysia Today
Guan Eng's lawyers say no intention of having DPP recused
Lim Guan Eng is standing trial on charges of using his position as then Penang chief minister to ask Zarul Ahmad Zulkifli for a 10% cut of the profits from the undersea tunnel project. (Bernama pic) KUALA LUMPUR : Lim Guan Eng's lawyers say they have no intention of getting the deputy public prosecutor handling the former Penang chief minister's undersea tunnel graft trial recused, following his comments on the case. Lawyer Ramkarpal Singh said they wished to proceed with the case which has been pending for over five years. He said they might file a recusal application if deputy public prosecutor (DPP) Wan Shaharuddin Wan Ladin issued further statements on Lim and the case. Earlier today, Ramkarpal told the court that Wan Shaharuddin had 'concluded' that Lim's ongoing case was 'linked' to a robbery that took place at the home of a witness, G Gnanaraja, this month. 'A DPP should present a case fairly and not take sides. The police said the robbery (incident) has nothing to do with our case,' he said. In his defence, Wan Shaharuddin said he had never linked Lim's case to the robbery, and that he was only responding to a media query on whether Gnanaraja would be accorded witness protection. 'Anything about witness protection needs approval from the (Malaysian Anti-Corruption Commission) chief commissioner. 'There is nothing for me to explain or apologise for (to Lim) and we don't have to prolong this issue,' he added. The hearing continues on Aug 27. Lim is standing trial on charges of using his position as then Penang chief minister to ask Zarul Ahmad Zulkifli for a 10% cut of the profits from the undersea tunnel project and accepting a total of RM3.3 million in kickbacks between 2011 and 2017 from the businessman. He is also accused of two counts of dishonestly misappropriating RM208.7 million worth of state land.
