NGO Islam bawa isu hak pertubuhan saman fitnah ke Mahkamah Persekutuan

The Malaysia-based NGO Ikram Islam has appealed to the Federal Court to reconsider a decision by the Federal Court of Appeal that the NGO lacks legal personality and defamatory protections. Kuala Lumpur: An Islamic NGO has sought permission for the Federal Court to review the ruling that the registered organization does not have legal rights to sue over defamation, due to a lack of legal personality and protected reputation.

In its petition, Ikram Malaysia presented 10 legal questions they believe meet the criteria set under Section 96 of the Courts of Justice Act 1964. The right to appeal to the Federal Court only arises when a case raises new issues related to the constitutional or legislative framework and of significant public interest, warranting a decision by the country's highest court.

Official documents reviewed by FMT show government official Mahdzir Isa swearing an affidavit to support the NGO's appeal filed on July 22. On June 24, a three-judge panel at the Federal Court of Appeal dismissed Ikram's defamation appeal against academic and independent Islamic prosecutor Ridhuan Tee Abdullah. Judge Amarjeet Singh stated in his reasoning that Ikram cannot continue with the defamation lawsuit as the NGO lacks legal personality.

He added that unlike government bodies or corporations, Ikram does not have a reputation that can be protected under the law. The judge referenced the 2022 Federal Court ruling in the Lim Lip Eng v MCA case, which determined that a political party cannot sue individuals over defamation. In that case, Lim successfully avoided a RM100 million defamation lawsuit filed against him by MCA in 2017.

The Ikram lawsuit against Ridhuan was filed by Mahdzir, the NGO's government official, based on three Facebook posts accusing the organization and its members of being traitors, anti-Islam, and having a political stance contradictory to their religion. The plaintiff claims these statements are false and have damaged their reputation and Ikram's reputation.

The High Court in Shah Alam previously ruled in 2020 that Ridhuan's Facebook posts published in 2020 were defamatory. However, while the High Court found Ikram had met all elements of defamation, the court dismissed Ikram's claim as the registered NGO does not have standing to sue over defamation. Judges Firuz Jaffril and Ismail Brahim also joined the panel.