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Dictating the Internet:
Cases of Jolovan Wham and John Tan
In October 2018, civil rights activist Jolovan Wham Kwok Han and
opposition politician John Tan Liang Joo were the first persons convicted
under section 3(1)(a) of the AJPA.
Wham was convicted for a post he had made on his Facebook profile in
April 2018, stating that “Malaysia’s judges are more independent than
Singapore’s for cases with political implications”, following which the
Attorney-General’s Office began committal proceedings against him.
Tan was convicted following a post he made on his Facebook profile in
May 2018, stating “By charging Jolovan for scandalising the judiciary,
the AGC only confirms what he said was true”.364
In April 2019, both men were fined S$5,000 (approx. USD 3,685). Wham
and Tan were further ordered to pay the Attorney-General’s Chambers
S$7,298 (approx. USD 5,378) and S$6,966 (approx. USD 5,133) respectively
in legal costs and disbursements.365
Malaysia
In Malaysia, the contempt of court doctrine has been misapplied in
a manner similar to Singapore to curtail comments made about the judiciary
in public interest. Such misapplication has often targeted and controlled
the free expression of lawyers, in their role as officers of the court, in
contravention of the UN Basic Principles on the Role of Lawyers.366
Article 10 of Malaysia’s Federal Constitution which guarantees the
right to freedom of speech, assembly and association, allows Parliament to
impose limitations to this right, under article 10(2)(a), “to provide against
contempt of court”.367 Article 126, thereafter, confers upon the Federal Court,
364 AG v Wham Jolovan [2018], at [3] to [6].
365 Selina Lum, ‘$5,000 fine each for activist Jolovan Wham and SDP’s John Tan for contempt of
court’, Straits Times, 29 April 2019, Available at: https://www.straitstimes.com/singapore/courtscrime/5000-fine-each-for-activist-jolovan-wham-and-sdps-john-tan-for-contempt-of; In 2008,
Wham was sentenced to 15 days’ imprisonment for contempt of court for wearing a T-shirt with a
picture of a kangaroo dressed in judicial robes at the High Court. See Louisa Tang, ‘Contempt of
court: AGC seeks fine for activist Jolovan Wham, jail time for opposition party member’, Today, 20
March 2019, Available at: https://www.todayonline.com/singapore/contempt-of-court-agc-seeksfine-activist-jolovan-wham-jail-time-opposition-party-member
366 See A. Vijayalakshmi Venugopal, Kamal Halili Hassan, ‘The Law of Contempt of Court in Malaysia:
Considering Reforms’ (2012) Advances in Natural and Applied Sciences, 6(8), pp. 1451-1464
(‘Venugopal and Hassan, 2012’) Available at: http://www.aensiweb.com/old/anas/2012/14511464.pdf
367 Federal Constitution of Malaysia, Available at: http://www.agc.gov.my/agcportal/uploads/files/