High Court allows MCMC’s preliminary objection, Papagomo committal hearing on Dec 23

KUALA LUMPUR, Oct 12 — The High Court will first hear the Malaysian Communications and Multimedia Commission’s (MCMC) committal application against blogger Wan Muhammad Azri Wan Deris, also known as Papagomo, before proceeding with the inter-partes injunction hearing.

MCMC’s counsel, Datuk Selva Mookiah, when confirming the matter said Judge Datuk Dr Arik Sanusi Yeop Johari made the ruling after allowing MCMC’s preliminary objection that the committal application should be heard first, as Wan Azri must purge the contempt first, before proceeding with the inter-partes injunction hearing.

He said the court fixed December 23 to hear both matters.

“The court also extended the existing ad interim injunction against Wan Muhammad Azri until December 23. The committal hearing will determine the allegation of contempt of court, while the inter partes hearing will consider the injunction in the presence of both parties,” he said.

On June 19, the court granted an ex parte interim injunction sought by the MCMC, restraining Wan Muhammad Azri from publishing allegedly defamatory statements against the commission and ordering him to immediately cease publishing and disseminating harmful online content through social media.

The order also prohibits Wan Muhammad Azri from using any social media platform, whether through existing or new accounts, to publish or distribute false, misleading or harmful content.

On August 6, Wan Azri used Facebook and/or YouTube social media platforms to publish and/or cause to be published a live session containing false, misleading and/or harmful online contents, in breach of the ad interim injunction dated July 6.

Therefore, MCMC has applied to the court for leave to commence a committal proceeding against Wan Azri.

On October 6, the court granted MCMC leave to initiate committal proceedings against Wan Muhammad Azri over an alleged breach of the injunction through a live session published on Facebook and/or YouTube on August 6.

On May 27, the MCMC filed the suit, alleging that Wan Muhammad Azri had posted defamatory statements on social media claiming the commission had censored court reports relating to Communications Minister Datuk Seri Fahmi Fadzil’s case against him.

In its statement of claim, the MCMC said it had never been involved in any form of censorship regarding reports on the Kuala Lumpur High Court proceedings involving Fahmi and the defendant.

The commission maintained that the defendant’s allegations were false, baseless and had undermined public confidence in the regulator. — Bernama