Kuala lumpur: The High Court today granted a Malaysian Communications and Multimedia Commission (MCMC) application for an Erinford injunction, restraining Telegram Messenger Inc and the administrators of two Telegram channels from publishing or disseminating 33 specified articles deemed harmful. The injunction remains in effect pending the disposal of an appeal before the Court of Appeal.
According to BERNAMA News Agency, Judge Mahazan Mat Taib granted the injunction after determining that the potential harm to the defendants-Telegram Messenger Inc. and the administrators of the "Edisi Siasat" and "Edisi Khas" channels-was minimal compared to the substantial damage to national institutions, public confidence, and societal harmony that could result from the continued dissemination of the harmful content. The court emphasized the importance of public interest and national security, stating that these should outweigh individual interests in matters concerning national safety and stability.
Judge Mahazan noted Malaysia's status as a multi-racial, multi-religious country under a constitutional monarchy and parliamentary democracy. She stressed that all parties involved in the judicial process must respect the fundamental values upon which the legal system is built. The defendants were ordered to shut down the channels and refrain from further disseminating harmful content.
An Erinford injunction is an interim measure granted to maintain the status quo after a court has refused an initial injunction, typically to preserve the subject matter pending an appeal of that refusal. Judge Mahazan ruled that the balance of convenience firmly favored the defendants, noting that refusing the injunction would risk rendering the appeal ineffective as the harmful channels could multiply, migrate, or cause irreparable damage.
The judge expressed disappointment with Telegram's failure to comply with a court order issued in September. She criticized Telegram's conduct in reopening or maintaining access to the appeal channels and continuing similar applications immediately after the court's inter-parties decision. She described this as a troubling attitude of technical compliance without substantive regard to the spirit and purpose of the court's earlier order.
The court observed that the earlier injunction, which restrained the defendants from uttering, writing, broadcasting, or republishing harmful contents, was intended to curb the dissemination of the identified material. Telegram's narrow interpretation of that order, treating it as limited only to the specifically identified contents, was seen as an attempt to exploit procedural requisition to circumvent substantive justice.
Judge Mahazan dismissed the application by the defendants' counsel, Datuk Dr Abdul Shukor Ahmad, for a stay of execution of the court's order to remove the channels. MCMC was represented by counsels Datuk Sankara Nair and Wong Guo Jin.
MCMC, as the plaintiff, filed the suit on May 21, naming the unidentified administrators of the Telegram channels ("Edisi Siasat" and "Edisi Khas") as the first and second defendants, and Telegram Messenger Inc. as the third defendant. The commission sought a declaration that the first and second defendants had permitted, facilitated, and approved the use of their channels to publish and distribute harmful content against parties in Malaysia.
Additionally, MCMC sought a declaration that Telegram Messenger Inc. had assisted, conspired in, facilitated, and contributed to the publication and distribution of this content by failing to remove the channels after being statutorily ordered to do so. The commission further sought a declaration that Telegram Messenger Inc. had violated Sections 73(1)(a) and 263(2) of the Communications and Multimedia Act 1998.
In a statement dated June 19, MCMC confirmed it had taken decisive action by filing this civil suit against the two Telegram channels. The commission noted this marked the first legal action of its kind against a licensed social media platform provider, particularly significant as Telegram holds a Class Application Service Provider (ASP(C)) license.