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AGC objects to social media account holder's bid for judicial review

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Publish date: Thu, 25 Jul 2024, 09:37 AM

KUALA LUMPUR: The Attorney General's Chambers (AGC) have filed an objection against a social media account holder's leave application to initiate judicial review proceedings over the Malaysian Communications and Multimedia Commission's (MCMC) decision to block his TikTok account.

Senior Federal Counsel Ainna Sherina Saipolamin said the AGC had filed the objection yesterday on the grounds that Na'im Brundage's application was not an appropriate avenue and the wrong parties (not decision makers) were named.

She told reporters this after the case proceedings before High Court Judge Datuk Ahmad Kamal Md Shahid here today, which was also attended by Zaid Malek, representing Na'im and lawyer A. Ruebankumar representing MCMC's chief network security officer Datuk Dr Mohamed Sulaiman Sultan Suhaibuddeen, the MCMC chairman and MCMC as respondents.

Earlier, during today's proceedings, Judge Ahmad Kamal set Oct 28 to hear the judicial review application.

Na'im had filed for a judicial review on June 24, naming Mohamed Sulaiman, the MCMC chairman, MCMC, Communications Minister Fahmi Fadzil and the Malaysian Government as respondents.

Na'im had sought a certiorari order to dismiss the respondents' decision, as stated in a letter dated April 1, 2024, to block his two TikTok accounts.

He said the blocking of his TikTok accounts contradicts Section 3(3) of the Communications and Multimedia Act 1998, and that there is no provision under the Act authorising such an action.

"The respondents' decision to block the TikTok accounts is invalid, unlawful, irrational, procedurally improper, unjust and a violation of fundamental justice," Na'im said.

In his supporting affidavit, Na'im said he frequently uploaded videos on his two TikTok accounts, expressing his views and opinions on current issues of public interest, including social, political and economic matters.

However, in March, Na'im discovered that his TikTok accounts had been blocked and were inaccessible for viewing.

- BERNAMA

 

https://www.nst.com.my/news/crime-courts/2024/07/1081103/agc-objects-social-media-account-holders-bid-judicial-review

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