MCMC not decision-maker in Na'im Brundage TikTok accounts blocking, High Court rules

The Malaysian Communications and Multimedia Commission (MCMC), along with four other parties, has been allowed to object preliminarily to Na im Brundage's application for judicial review regarding the blocking of his TikTok accounts. Judge Norliza Othman ruled that the blocking could not be the basis for judicial review, as the MCMC merely carried out its legal administrative action, not making a decision.

The court emphasized that an application for judicial review should be dismissed if the applicant cannot establish an arguable case at the substantive stage. Na im Brundage, represented by lawyer Latheefa Koya, had filed the judicial review application on June 24, 2024, against the MCMC, the Communications Minister, and the Government of Malaysia.

He alleged that the blocking of his TikTok accounts contravened Section 3(3) of the Communications and Multimedia Act 1998, as the legislation had no provision authorizing such action. Na im had stated that he frequently uploaded videos to the two accounts, expressing his views on public interest issues.