Defamation suit is not necessarily an attack on press freedom, on the contrary ...

“They cannot hope to cover themselves or hide from the laws. What is freedom without responsibility?” - PM Abdullah Badawi on the historic 2007 defamation lawsuit against two bloggers (Aljazeera)

Jalan Tangsi: Four decades as a journalist and I have become some kind of an expert on the matter of defamation, I think, even though I've never had the chance to read law, let alone practise it. The newsroom is the best of gurus.

And the courtroom, too, of course.

 In 2007, barely six months after parting ways with the New Straits Times Press, I was dragged into what Google describes as a "historic defamation lawsuit*** that changed the media landscape in the country". It was the first time on Earth that a newspaper company was suing a blogger for defamation. 

My legal battle would drag on for five years and has made me the wiser: a defamation suit cannot kill press freedom; on the contrary, it provides the journalist an opportunity in front of the whole world to prove that he has, to the best of his ability, reported the truth or he has been fair to all parties in his commentary.

It is not defamation if it is true.

Journalists from my era, those who started reporting in the 1980s, have seen some of the biggest defamation cases. The 1990s was the decade of mega awards, when the norm was for tycoons and corporations who believed they had been defamed would seek tens and sometimes hundreds of million in compensation and damages. The 2000s saw a string of lawsuits against blogs.

But we also had other, bigger concerns, the ISA and the OSA chief among them, yes, some of our bosses and colleagues had been incarcerated without trial. On top of that, there were scores of laws that could be used to shut your publication down without notice and put you out to pasture. 

The police raid on the home of journalist Nantha last April over his reports on foreign workers, now that had a chilling effect on journalists. 

But with a defamation suit, a journalist get to fight it out in court. 

I have my own rules or principles pertaining to defamation: one, journalists (and newspapers or media companies) have no business suing anyone for defamation; and, two, a politician should only sue another politician for defamation.

Salim Fateh Din, who is suing journalist P. Gunasegaram for defamation, is neither journalist nor politician. 

He is deputy executive chairman of MRCB, a public-listed property development, engineering and construction company. The EPF is the largest single shareholder of MRCB. 

So if Salim decides to sue journalists in this country (which he has on several occassions), journalists in foreign countries (most recently against Murray Hunter), politicians (he recently won a case against a former assemblyman), or anyone else, for that matter, to defend his reputation or the reputation of his family or company, that is his business and his right. 

Bear in mind that when someone is sued for defamation, he is not doomed. Whether he is sued for RM1 or RM240 million (probably the biggest case on record in Malaysia) is immaterial, the defendant must still prove his case.

The system gives the defendant ample opportunity to prove defend himself or herself against the accusation. 

I know at least a couple of journalists who were sued successfully by Salim for defamation in the past. One of them was ordered to pay the businessman a sum but after a post-hearing table talk and after one party offered a belated but sincere apology, Salim waived that money. All he wanted, Salim had said later, was to protect his reputation. 

Last year Salim succesfully sued Murray Hunter, the former lecturer at a Perlis university who has found fun and fame in Thailand as a blogger specialising in finding fault with everything Malaysian. The lawsuit was filed in Thailand. The arms of the law are long. Read my postings on the matter at rockybru.com.my

Hunter had a lot to say until reality hit him, which is, the laws are clear about defamation, yes, and the colour of your skin, your nationality, and your seniority do not count, what matters are facts, the truth and your intentions.

Hunter made a public apology to Salim and admitted that he had defamed the Malaysian.

In another case, involving  Chegubard, Salim and the blogger settled their differences out of court. No public apologies were recorded, none in chamber as well, if I'm not mistaken.

Gunasegaram is no Murray Hunter or Chegubard, of course, like langit dan bumi. He was already an established byline when I interned at Business Times some 42 years ago. This.is not his first multi-million ringgit defamation suit. He lost his job (not at BT) purportedly because he published an article that made Proton the national car look bad.

The RM100 million defamation against Guna is not an attack on the journalist and definitely not on presa freedom. Salim felt he had been defamed by Guna, asked the journalist to apologize and bring down the article, and filed the suit only when Guna said he would stand by his article and would not apologize.

Gunasegaram is a bigger expert than me on matters pertaining to defamation, that I am sure of. He  will agree with me that while it will be an inconvenience, a great one perhaps, the lawsuit is an opportunity to prove that his commentary or report was was factual, a fair comment in the interest of the public, and was done without malice.

A chance in the court room, not just the court of public opinion, to uphold and fortify that freedom.

In Malaysia's defamation history, the highest payout was RM7 million in the.Ling Wah Press vs Vincent Tan in 2000. Ironically, this was over a series of articles accusing tycoon Vincent Tan, the owner of the Sun newspaper, of using his media group to manipulate politicians and advance his business interest. 

*** The historic 2007 defamation lawsuit against Ahirudin Attan (Rocky Bru) ended in January 2012 when the case was settled out of court. [1, 2]

The legal battle drew to a close with a mutual resolution after dragging on for five years:

• The Corporate Withdrawal: The primary corporate plaintiff, The New Straits Times Press (NSTP), formally dropped its part of the lawsuit against Ahirudin in September 2010. [1, 2]
• The Apology in Chambers: The remaining suit, driven by four former top NSTP executives (including former deputy chairman Datuk Seri Kalimullah Masheerul Hassan), was resolved when Ahirudin agreed to a recorded statement of settlement. He apologized for the "distress, embarrassment, and inconvenience" caused by the 48 blog posts under dispute, withdrew the specific allegations, and published the apology on his blog. [1, 2, 3]
• No Money Exchanged: Crucially, in the spirit of an amicable resolution, both sides agreed that no damages or court costs would be paid. [1]

By ending in a cost-free settlement rather than a massive financial judgment, the conclusion was widely seen as a landmark victory for the survival and freedom of independent political blogging and cyber-journalism in Malaysia.

Tabung Haji: RCI findings won't solve anything but they need to be made public, anyway

Bangsar: The right thing for PM Anwar Ibrahim to do when his Cabinet meets tomorrow to decide on whether to make public the Royal Commission of Inquiry's findings on Tabung Haji is to make public those findings. Anything else, ie to NOT make public the RCI findings on the pilgrimage fund, is unacceptable, sinful even. Whose sons or daughters will be dragged in mud with the disclosure is immaterial as what is more important is for Anwar's administration to be forthcoming. TH depositors deserve the truth on the matter and, yes, as all Malaysians do.

The PMX and his Cabinet must bear in mind, though, that the RCI findinds will not solve anything or satisfy everyone. They will shed light on who wronged us, they will name names, and put things in context or perspective. But after all the disclosure has been made, be prepared for those clamouring for the RCI findings to be made public to NOT accept the truth as painted or suggested by those findings. Because the truth is, sadly, nobody respects RCI if it does not suit their agenda. The word "royal", nonwithstanding. Tell me, do the crooks fear the Royal Malaysian Police, do the unpatriotic respect our Royal army? 

The RCI on Teoh Beng Hock, just to prove my point, does anyone respect the findings? Hardly anyone even remembers what the findings of the RCI on TBH were, right, for what we is the cause of his death is still debated, mourned and, of.course, politicised.

That shall be the fate of the RCI on TH. Some quarters will disagree with the findings, some people will contest them till the cows come home, and politicians will make it fodder for their future campaigns, yes, they will find a way to, somehow, they always do.

But these are no concerns of the PMX and his Cabinet even though, undoubtedly, the findings may implicate their friends, maybe their relatives, certainly their party members, former bosses, colleagues or whoever they may be, dead or alive. The PMX's concern - only concern - is to respect the Royal Commission of Inquiry by making public the findings so that future generations of Malaysians can learn to live with our mistakes and maybe even forgive us.

Ends 

Why, ultimately, Johor election is a victory for Anwar's Unity Government

July 15: Barisan Nasional, the coalition defeated at long last in the general elections eight years ago, won 48 out of 56 of the state seats in Johor last Saturday, a victory so resounding that even the most seasoned analysts imagined they could see the phoenix rising from the ashes, the beginning of the Blue Wave, the revival of Umno. 

They've also decided, in their panic or perhaps in their excitement, that Johor's outcome was a blow for Pakatan Harapan, a bad omen for Prime Minister Anwar Ibrahim.

My ex Business Times colleague P. Gunasesgaram, in his column for Malaysiakini, was so bold as to even write off not just DAP and PKR’s fate in the next general election but also Anwar”s chances of becoming prime minister for a second term. 

“If Anwar reads the tea leaves right, he will want to go full term and retire,” Guna writes in Sombre, sober reflections on Johor elections.

Well, now, that’s where I beg to differ and I’m not the only one. A veteran journalist (who, with Guna and I, worked at Balai Berita together during the 1980s), did the math:

“BN won 48 seats and PH won 8 in Johor state, right. At Federal level, BN and PH are part of the Unity Governnent. So, excuse me if I see it as it really is: a clean sweep of Johor by these two major components of the Unity Government, yes, because it was a clean sweep, indeed.

"Together BN and PH won all 56 seats in Johor and together the two have totally obliterated the Opposition.” 

The Unity Government, or Kerajaan Perpaduan, was formed at the heels of the 2022 general elections after no single party had enough seats on its own to form the federal government.

Branded later on as Madani, the Unity Government consists primarily of four major political coalitions of political friends and foes: Pakatan Harapan or PH, led by Anwar himself; Barisan Nasional, led by Umno president Ahmad Zahid Hamidi; Gabungan Parti Sarawak (GPS), whose leader Abang Jo is also the Sarawak Premier; and Gabungan Rakyat Sabah (GRS), led by Sabah Chief Minister Hajiji Noor. 

In the Dewan Rakyat, these four coalitions collectively control 141 seats out of the 222 total seats: Anwar’s PH 82 seats. Zahid’s BN 30 seats, Abang Jo’s GPS 23 seats and Hajiji’s GRS 6 seats.

Add former Sabah  Chief Minister Shafie Apdal’s Warisan party’s three seats and other indepedent MPs who have pledged allegiance to Anwar, the total seats that the Unity government control in the Dewan Rakyat surpass 150. 

The Unity Government’s main opposition are the parties that formed the Perikatan Nasional coalition, the branchild of former PM Muhyiddin Yasin. They include Bersatu, PAS, Pejuang, MIPP, Gerakan and Wawasan. Others against the Unity Government  are Muda and Bersama. All these parties contested in Johor but did not win a single seat. Nihil. Zero. Habuk pun tarak. 

To remind you how badly they did in Johor, all 15 candidates from the overly hyped-up Bersama party led by the overly-confident Rafizi Ramli did not just lose but each one had to forfeit his/her RM5,000 deposit for failing to secure one-eight of the votes cast. Read 55 candidates lose deposits, including all Bersama hopefuls.

Despite this, Guna is still sure that Rafizi’s Bersama will “take votes away from PKR and DAP especially in urban areas” at the next GE.

"It will take them at least until the next polls before they can become a threatening third force with their laudable and very reasonable Malaysian approach - the only one likely to give long-term benefits to all Malaysians”.

Well, we have our own views on Bersama being "the only one" and on Rafizi's own chances at the next GE after the major flop in Johor but I will leave that be for another day, another posting. Perhaps.

For now, the most fantastic takeaway from Johor has to be the bragging by PAS, that the party was actually instrumental in helping Umno rise from the ashes in Johor. Something like "we died so Umno could live", in the name of Malay Unity, no less.

Menteri Besar Onn Hafiz, despite his youth, fortunately, was wise to this ploy all along and had maintained, during the run up to last Saturday’s polls, that his new government, should BN won, would not include PAS.

Not all are as wise. Dr Akmal Salleh, the Umno Youth leader, is known to have said he would welcome PAS-Umno collaborations in Negri Sembilan, which holds its state elections on August 1.

Personally, I hope Dr Akmal will come around and waste no more of his huge potential, and our time, on this so-calledl Malay Unity.

The Malays are older than Christ and we have been in this region longer than the other races, yes, so we are not about to fall for this Malay Unity or Malays-vote-Malays ploy.

Going forward, analysts view Negri Sembilan's elections as a continuation of the tussle between BN and PH: if BN wins, it's the downfall of PKR-DAP and Anwar Ibrahim buf if PH wins, some people will say the Malays in NS are doomed.

But at the end of the day, this is what will happen: the Negri Sembilan election will see PH and BN, once again, kick the asses of PAS and its partners in Perikatan Nasional. As in Johor, you can be100 per cent sure Negri Sembilan will remain with PMX's Unity Government.

And when the inevitable happens, when Johor and Negri Sembilan both are under the two biggest coalitions in the Kerajaan Perpaduan, how is that going to put paid to PM Anwar Ibrahim's chances of a second term?

Deja vu as ringgit touches 3.80

I had a moment of deja vu when my young friend Muda, a Malaysian in the US, tagged me to his post about the ringgit doing 3.8997 against the greenback on Wednesday. "Let's go @anwaribrahim_my. Next stop 3.75." 

The ringgit has seen a strong resurgence, indeed, emerging as one of Asia's best-performing currencies this year, driven by robust economic fundamentals, rising tech exports, and investor confidence. 

It had not smelled 3.80 in a decade. Some predicted it never would. 

"3.80 is a magical number. Tun Mahathir pegged the ringgit at 3.80 against the greenback the same day he sacked Anwar Ibrahim in 98," I replied to Muda. 

He was probably too young to have any memory of that tumultuous time. 

It was September 2 1998, the height of the Asian Financial Crisis. Mahathir Mohamad, the PM then, was facing mounting pressue to step down. His couterparts in Thailand and Indonesia had already subscribed to IMF's rescue plan. 

But instead of "succumbing", Mahathir decided to go rogue by pegging the ringgit and enforcing other capital controls. He also sacked his deputy, who was proving to be a major threat. Anwar, also Finance Minister, was a strong advocate of IMF's remedy for Malaysia and the region. His sin, however, was for implying that Mahathir was the reason behind the deep-rooted corruption, cronyism and nepotism responsible for the country's vulnerability during the crisis. 

I was the Editor of Business Times, Malaysia's only financial daily at the time. I remember wanting to lead the next day's edition with the sacking but Kadir Jasin, the Group Editor In Chief, said BT should go with pegging and capital controls. Both were sensational. 

The sacking was just a start. Anwar was later tried for sodomy and corruption. He was detained without trial under the Internal Securities Act and then a total of 11 years behind bars. 

The peg was lifted in 2005. Anwar was kept in jail, on and off, until his royal pardon in 2018.

Today, 28 years on, Anwar is the Prime Minister after winning the 2022 General Election, the same one that saw Mahathir, now 100, lose badly (his first election defeat in 53 years!).

The ringgit was never the same after the Asian Financial Crisis. After the peg was removed in 2005, the best it did was 3.16. In 2015 when the 1MDB shit hit the fan, it fell to historical lows. The last time it tested 3.80 was in 2015.. By the time Mahathir ended his ill-fated second tour as PM in 2020, the ringgit stayed down around 4.80. 

When Anwar became PM on 24 Nov 2022, the ringgit surged by 1.8 percent, it's largest single-day gain since March 2016. The next day it improved further to 4.45 vs dollar. But analysts were not impressed. A flash in the pan. Many predicted the currency would remain weak. 

Dr Sailesh K. Jha, RHB Bank's group chief economist and head of financial market research, was just one of them: "Our year-end target is 4.6, and the first half of next year (2023), we're at 4.7 to 4.8. So there's been no major changes in our currency view." 

Fast forward to the start of 2026, analysts remained diffident. The Edge spoke to two of them on Jan 8. While Mizuho Research said the Malaysian currency could breach the 4.00 threshold in the second quarter, it's average forecast for the year was about 4.015, "with the ringgit spending most of 2026 knocking on the door of 4.00."

UOB Global Economics and Markets was even more cautious. Despite Malaysia's "remarkable fundamentals", its FX Strategist Peter Chia saw the ringgit as somewhat overbought. "We are a little more cautious about projecting strength beyond the 4.00 level at this point in time. Our forecast is for the ringgit to stay around four." 

The ringgit had other ideas. Last Friday it closed 3.9030 against the USD. Over the past month, MYR has strengthened 3.55 per cent and over the last one year, it is up by nearly 12 per cent. 

Robust economic performance, rising exports, investor confidence. 

Still, there's a lesson we should learn from those faithless analysts (and from the Asian Financial Crisis, too, for that matter): We must remain cautious and translate that caution into vigilance. The good work of the last year, especially, must continue. The fight against the corrupt cannot falter. 

We have seen how fragile currencies and economies, including our own, can be.  Get the people to take to the streets, disseminate fake information and alarming news, undermine institutions like the Malaysian Anti-Corruption Commission, and create political instability. 

Already we are seeing this happening: frustrated politicians promoting havoc, mad mob cheering on people who openly admit to giving bribes, the rich corrupt (under MACC investigation) engaging foreign agents to carry out economic sabotage. 

It does not take much to spook investors.