KUALA LUMPUR (Feb 23): The High Court has dismissed an injunction application by Bestinet Sdn Bhd and its founder Datuk Sri Aminul IslamAbdul Nor to restrain Bloomberg, The Edge and other media outlets from publishing reports on alleged migrant worker exploitation involving the company.

The ex parte injunction application is part of a defamation suit filed by Bestinet and Aminul Islam against Bloomberg LP, Bloomberg (Malaysia) Sdn Bhd, The Edge Communications Sdn Bhd, MNow Media Sdn Bhd and Mkini Dotcom Sdn Bhd.

Also named as defendants were former minister Datuk Seri Rafizi Ramli, lawyer Latheefa Koya and political commentator Iswardy Morni.

The defamation suit revolves around a Bloomberg report last month and subsequent reports in other media, on Bestinet's operations of the Foreign Worker Centralised Management System (FWCMS) which is used to process foreign worker entry into Malaysia.

Bestinet and Aminul Islam claimed the statements were defamatory, untrue and had severely damaged their reputation. They sought the interim injunction to prohibit further publication of the alleged defamatory statements and to compel the removal of existing articles pending disposal of the suit.

In dismissing the application, Judge Roslan Mat Nor said the plaintiffs had failed to show that the publication of those reports had resulted in loss in business opportunities.

The plaintiffs' claims that the defendants failed to show the defence of justification or fair comment, solely on its statement of claim, could not be accepted by the High Court judge, according to the grounds of judgement dated Feb 20 sighted by The Edge.

Roslan ruled that the court must "exercise extreme caution in granting an ex parte injunction which would have the effect of restraining publication, particularly where the publication concerns matters of public interest".

As the reports are of public interest, "if the interim injunction is awarded, it will stop the defendants from expressing the views on the public interest issues" and would 'threaten the defendants' freedom of speech", the judgement read.

"The court does not need to arbitrarily issue an interim injunction order... as it would indirectly cause any misconduct or misgovernance to be erased from public discourse," it added.

The alleged defamatory statements concerned allegations involving recruitment fees imposed on Bangladeshi migrant workers, claims of forced labour elements and assertions of links between Bestinet, Aminul Islam and politically connected figures.

Upon reviewing the affidavits and exhibits, the judge observed that the articles in question were investigative in nature and concerned issues affecting migrant worker recruitment and governance.

The court’s refusal to grant the injunction means there are no immediate restraints on publication and any further attempt at interim relief has to proceed with the presence of the defendants, as the defamation suit continues through the court process.

Bloomberg’s report at the centre of the dispute, titled Everyone Gets a Cut, and Migrant Workers Pay the Price, was published on Jan 23.

Aside from taking down the articles, Bestinet and Aminul Islam also sought a court declaration that the reports are false, defamatory, unjustified and injurious to their reputation.

They also sought general damages, aggravated damages and exemplary damages.

Home Minister Datuk Seri Saifuddin Nasution Ismail was previously reported as saying that Bangladesh’s extradition request involving Aminul Islam, a former Bangladeshi national who is now a Malaysian citizen, was being managed through government-to-government and police-to-police channels.