KUALA LUMPUR (Sept 11): The High Court on Thursday rejected the Malaysian Communications and Multimedia Commission’s (MCMC) application to make Telegram and the Edisi Siasat and Edisi Khas channels remove alleged harmful content in a civil suit. Instead of removing the original articles, the court has ordered the defendants not to write, publish or share further articles containing the disputed content until the disposal of the suit.
Judge Mahazan Mat Taib granted this after MCMC counsel Datuk Sankara Nair asked for a mandatory injunction, but the court disagreed because it might force Telegram to censor itself and allowed a prohibitory injunction instead.
Sankara when contacted by The Edge confirmed Thursday’s outcome. He also said another MCMC case will be heard on Sept 24 by Mahazan for an inter-partes injunction.
The MCMC filed a lawsuit in May against Telegram and the two channels, claiming that since February 2024, the channels have spread hate speech targeting Malaysia’s royal institution and public bodies.
The channels were accused of sharing content that breaks the Communications and Multimedia Act 1998, which could harm public trust and disrupt order.
In June, the MCMC said this was the first time such action was taken against a social media platform provider, especially since Telegram is a licensed service provider.
The MCMC said Telegram failed to remove the harmful content despite repeated reports and efforts to work with them. Because Telegram did not comply, the MCMC got a temporary court order in June to stop the harmful content from being shared again.
The MCMC said this action is to protect the law and public interest.
The MCMC's statement of claim, discovered in a file search done by The Edge, alleged that the two channels spread false and misleading information as part of a campaign involving hate speech against Malaysia’s royal family and public institutions.
The false news is said to cause public unrest, harm trust in the government, and damage social unity, especially targeting Malaysia’s royal institution.
The channels are also accused of misusing the network by sharing offensive and annoying messages.
It said as of the lawsuit date, the channels continued to spread hateful, false, and threatening content aimed at the royal institution and public officials, trying to mislead the public.