Case Analysis on the Liability of Internet Content Provider for Contempt of Court

Abstract

Peguam Negara Malaysia v Mkini Dotcom Sdn Bhd & Anor [2021] 2 MLJ 652 set a precedent as the internet content provider was found guilty of contempt of court for publishing readers’ postings containing contemptuous comments. Due to technological advancement, people can freely express their opinions through various online platforms, including social media, by linking everyone nationwide and globally. In Malaysia, the Federal Constitution guarantees freedom of expression where Malaysian netizens can comment on the administration of justice using various online platforms, including social media. However, freedom of expression is not an absolute right. This study discusses the issue of liability on the internet content provider in contempt of court over comments posted by third-party subscribers. This study implemented a qualitative method to analyse the issue of duty and liability of the host platform provider. The findings from this study can be used to examine the extent of the internet content provider’s liability for the impugned comment by the third party. Therefore, this study proposed clear guidelines for internet content providers for contemptuous comments posted online by third-party subscribers.