Tuesday, October 2, 2012

Home Ministry loses to Mkini

I think this is the second time in few months the Home Ministry lost to the opposition, both in court. First, to Bersih and yesterday to Malaysiakini.

In a matter of time, there will be Bersih 4.0 and 5.0. And soon, we can buy 'Mkini Daily' from the news stand, 7 Eleven and other stores.
The Kuala Lumpur High Court's Appellate and Special Powers division has quashed the Home Ministry's decision not to grant a publishing permit to Mkini Dotcom Sdn Bhd, which operates the Malaysiakini news portal.
In ruling the ministry’s decision as “improper and irrational”, judge Abang Iskandar Abang Hashim said the home minister's decision was misdirected as it exceeded the limit of its jurisdiction.

“The decision affects the right of the plaintiff to the right of freedom of expression, which also includes the right to a permit, and it is a fundamental liberty enshrined in the constitution,” Justice Abang Iskandar said.

"Hence, the court allows the application for a certiorari (to quash) the decision of the respondents (Home Ministry) and the applicant needs to submit its letter to the ministry.”

Justice Abang Iskandar noted that freedom of expression (through publication) is a natural right and is enshrined in Article 10 of the federal constitution.

He recognised the fact that the portal has won numerous local and international awards, and that this should not stop the authorities from giving Malaysiakini a permit.

The judge also ordered the Home Ministry to pay RM5,000 in costs.
Don't blame the court and the judge. Nothing's wrong with the law and our Constitution.

It's how we put things under control. We have been so lenient, too soft. In order to win the hearts of many, including foreign governments and international pressure groups, we submitted to what has been termed as 'free and liberal' tag.

There were times when action came too late while some measures and good proposals were rejected without valid reasons. In some cases, nobody took heed of positive feedback given by the public and experts.

Now, I think Mkini deserves every right to print, and it will sell. Clamping a conditional printing permit too won't be wise as other opposition media are already in the market.

What else can we do about it?

29 comments:

bani ansar said...

haaaa!!!!

it was expected from day one we abolished ISA.

they will take advantage of it.

what else can we do, you asked?

my answer - give them more!

kuchai said...

yessir, twice in a row. the home ministry is losing dignity and credibility.

however, there is still time to regulate something harsh about applying for printing permit.

since the parliament session is on-going, maybe KDN can figure out something.

unless we are willing to face the backlash from such a soft policy!

Anonymous said...

no big issue.

malaysia is adopting an open, free and liberal policy (it seems).

why must we stop those from publishing their own newspaper?

siglap 6 said...

lets have a new home minister after the general election.

hisham is not performing well!

sirap limau said...

apa salahnya malaysiakini buat paper? sama je apa!

akhbar pro-BN bantai PR, akhbar pro-PR bantai BN.

dua kali lima je!

penangan said...

salam tuan,

kita banyak menyerah kepada kehendak pembangkang. kita terlalu berlembut dengan mereka, dan inilah kesannya.

kalau ISA masih ada, takkan mereka berani berbuat demikian. saya pun pelik bila PM mansuhkan ISA sedangkan singapura sendiri enggan berbuat demikian.

adakalanya tindakan kita memakan diri sendiri...

tauke lim said...

this home ministry wants to be seen as compromising.

its minister also wants more votes for the coming general election.

that also u dont know aaar!!!

masih di BH said...

when we are too stringent, they accused us of being too strict and uncompromising.

when we give them the space, they get nasty.

so, who to blame?

the system?

jai, try ask hisham about it, get his comment about this.

Anonymous said...

cant blame hisham at all. any decision he got to refer to his big cousin brother.

if his cousin says no, he wont act or take any action.

we can understand how hisham finds it frustrating sometimes...

osman puyu, serkam said...

bukan KDN je bang. boleh dikatakan semua menteri takkan terima pendapat orang lain, khasnya dari luar. nasihat baik daripada kakitangannya sendiri pun tak diterimapakai sebab dah adat kita untuk menolak cadangan yang baik asalkan kita masih berkuasa di sesebuah kementerian dan agensi. inilah puncanya banyak dasar kerajaan tidak dapat dilaksanakan dengan jayanya... bos2 di atas takut dengan orang yang lebih pandai. dalam banyak kes, mereka yang cuba tunjuk pandai ni akan disisihkan. sama jugak keadaannya dalam umno!

SiamangBukit said...

It is better this way. Now mkonon is Easter to sure.

Ryzal72 said...

I think this decision will sending a very strong wrong message!

Anonymous said...

lose the battle ,but win the war

pembaca banyak blog said...

nampak gaya boleh tutup suratkhabar lain, terutamanya utusan dan kumpulan NST.

the star ok sebab ada gak bagi ruang kepada berita pembangkang.

apa pendapat kau jai?

tiu-na-seng said...

my two cent - why afraid of mkini when they are similar to roket, suara keadilan and harakah?

just issue them with the permit and let them operate.

if they go overboard in their reporting, suspend the permit and issue warning, just like what kdn has been doing.

no problem at all

wak jengkol said...

mana nak cari menteri dalam negeri sebaik datuk hisham?

amat bertolak ansur, lembut dan berhati perut.

agaknya pada zaman dr mahathir dulu, dah banyak akhbar kena tutup!

zaman sekarang ni, kita tunduk je kepada pembangkang, tunaikan apa saja hasrat mereka, barulah aman negara!

Anonymous said...

no point of having a home ministry anymore when it fails to monitor and solve things like these.

i hope after the next general election, there wont be anymore home ministry, maybe change it name to a more suitable one!

50-50 said...

nothing to be alarmed of, bro. i believe hisham knows what is best and how to deal with situation like this.

mkini must not be taken as a threat to the nation and govt but rather as a positive competition to other newspapers.

i personally believe mkini daily, when it hits the street, will also take news from bn side and not solely from the opp.

remember, they need to survive on advertisement too and most of it will come from the pro-govt private sector.

yes, some may say it will survive on foreign fundings but they have principle too!

Anonymous said...

bagi la banyak2 ruang lagi kepada diorang, lama2 sok kepala kita boleh dipijaknya.

dah cakap banyak kali dah! said...

siapa peguam bagi pihak KDN atau kerajaan ni?

benda kecik macam ni pun tak boleh atasi.

elok jadi penarik beca je!

Anonymous said...

yes, we will see more bershit after this, and mkini will go on print. so, the govt loses and kdn's dignity is at stake.

but remember one thing. one cannot go to the extreme.

otherwise, the rakyat will revolt against whoever tries to ruin the country.

congrats to mkini but plse dont cross the line

lehman said...

bujai,

i am looking forward to the new mkini paper. lets not speculate and judge them before seeing what they will produce.

i think everybody should be wise about it.

sardin cap itik said...

lembut la lagi... lembut la lagi... lepas ni mansuhkan semua undang2 yang dianggap menekan.

mansuhkan... mansuhkan... lepas ni kita ikut je desakan mereka...

nak popular la katakan!

bzz said...

let them do whatever they wanna do.
and we will do whatever we need to do... when they tell the wrong thing, sue them... use the same method, the court.

Anonymous said...

battle of the media

sharifah said...

Bang Hisham oi, appeal lah. Kan dah ada strong proof that Mkini is a foreign agent out to topple the govt. Judge tu tak baca latest news kot. Or he doesnt care. Let the country fall to foreign powers demi "liberal & cool".

Anonymous said...

so whats wrong with that?

at least malaysians have more option in choosing the right newspaper to read!

Tipu Punya Olang said...

Apa pasal takut?
Bukankah rakyat sudah sokong BN?
Bukankah bajet 2013 yang terbaik?
Bukankah BN yakin boleh rampas kembali Selangor, Penang, Kelantan, Kedah?
Rating PM DSN pun bagus sudah.
Apa takut sama MKINI?
Apa takut sama dana asing? Yahudi? Israel? Mereka mau serang Tanah Melayu ka?
Bukankah Malaysia ada UMNO parti pembela Bani Melayu yang paling hebat di dunia, tidak ada yang seumpamanya?
Jadi apa takut MKINI nak keluar publication yang boleh dibeli oleh public?
Bagitaulah kat PN Najib janganlah takut buat PRU13, selesai masalah!

Anonymous said...

TO HISHAM - THE KDN BOSS,
Bro, No big deal. Let them publish whatever they want inside their paper. Malaysian in all strata of life are smarter than any of the BN & UMNO Ministers including yourself.

We can differentiate between the lines. After all, the best and obedient citizen is a well inform individual, but not those who were fed with false information and rubbish to their throat, who will become zombie, idiotic and rascal clown once they had cross the line of no return.

So, here are the choice for you all to take, it is either the sober and well inform citizen or a moron which had been fed with rubbish in their throat.

Since the Judge had made a ruling, so don't waste your time and the public money to appeal against the decision which will be counter productive to BN & UMNO well being.

After all it is the BN & UMNO Government who are preaching and telling the whole World that Malaysia is having the highest regards for free speech and freedom of expression, so let practice what you all had preached to the Nation and not otherwise.