102
Dictating the Internet:
judicial crisis’, had intimated judicial misconduct and reportedly called for
reform of Malaysia’s Asian International Arbitration Centre.374 Arun Kasi
soon after challenged the committal proceedings on the basis that his
statements amounted to fair criticism, and did not breach contempt.375
In April 2019, Arun Kasi was convicted and sentenced to 30 days in
prison and a fine of 40,000 Ringgit (approx. USD 9,474), with 30 days’
imprisonment in default of the fine.376
In a statement following the judgment, the Malaysian Bar expressed
serious concern that the prosecution would “create a negative perception
of a stifling effect on public discourse, which is exacerbated by the lack
of clear parameters governing the offence”, and reiterated the right of
individuals to freely express fair comment on matters of public interest.377
Thailand
In Thailand, the contempt of court doctrine has been increasingly
wielded against free expression. While the offence of contempt of court
is situated within the Thai Civil Procedure Code, the doctrine has been
expanded beyond its narrow definition to target even cases which do not
directly concern court proceedings. Thus, in 2017, students who had taken
a picture of themselves performing a “dabbing” dance move before Khon
Kaen provincial court to express support for a student activist were charged
with contempt, and an opposition politician was found guilty of contempt
after broadcasting through Facebook Live on the premises of the Criminal
Court (see below).378
374 Ibid.
375 The Star Online, ‘Lawyer in AG contempt case: There’s a difference between contempt
and fair criticism’, 28 February 2019, Available at: https://www.thestar.com.my/news/
nation/2019/02/28/lawyer-in-ag-contempt-case-theres-a-difference-between-contempt-and-faircriticism#oezVhdPHpktmjsdK.99
376 V Anbalagan, ‘Lawyer Arun jailed 30 days, fined RM40,000 for contempt of court’, Free Malaysia
Today, 23 April 2019, Available at: https://www.msn.com/en-my/news/national/lawyer-arunjailed-30-days-fined-rm40000-for-contempt-of-court/ar-BBWc5kD
377 Malaysian Bar, 23 April 2019.
378 Teeranai Charuvastra, ‘Ever-Expanding Contempt Of Court Law Worries Lawyers’, Khaosod English,
22 August 2017, Available at: http://www.khaosodenglish.com/news/crimecourtscalamity/
courts/2017/08/22/contempt-court-worries-lawyers/; Four university students, Phayu Bunsophon,
Chatmongkon Janchiewcharn, Narongrit Upachan and an unnamed law student, had staged
the act of support before the court for activist Pai Dao Din. See Teeranai Charuvastra, ‘Activists
Calling For Pai Dao Din’s Freedom Charged With Contempt Of Court’, Khaosod English, 17 March
2017, Available at: http://www.khaosodenglish.com/politics/2017/03/17/activists-calling-paidao-dins-freedom-charged-contempt-court/; The opposition politician Watana Muangsook was a
key Pheu Thai Party member and former commerce minister. See Bangkok Post, ‘Facebook lands
Watana in contempt’, 22 August 2017, Available at: https://www.bangkokpost.com/thailand/
politics/1310591/facebook-lands-watana-in-contempt