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2022 MarsdenLR 1349

HIGH COURT MALAYA KUALA LUMPUR
LFL SDN BHD – Appellant
Versus
KERAJAAN MALAYSIA & ANOTHER CASE (ENCLS 7 & 29) – Respondent


Petitioner Advocates:Dato' Dr Gurdial Singh Nijar,Shahid Adli Kamarudin,Abraham Au Tian Hui ,Respondent Advocate: Suzana Atan,Narkunavathy Sundareson

JUDGMENT

Ahmad Kamal Md Shahid J:

Introduction

[1] The Plaintiff had on 18 September 2020 filed an application by way of Originating Summons (OS) (OS 46) seeking, inter alia the following orders:

(1) That the Plaintiff have a right to express their opinions in Malaysia with regard to any matters as part of their right to freedom of speech under art 10(1)(a) of the Federal Constitution;

(2) That the Plaintiff's right cannot be impaired by a law in Singapore, namely the Singapore Protection from Online Falsehoods and Manipulation Act 2019 (POFMA), which purports to extend its laws beyond Singapore, that is assuming extra-territorial jurisdiction; and

(3) That the Plaintiff cannot be subjected to any process within Malaysia in furtherance of the Singapore law.

[2] The Plaintiff had also on 2 October 2020 filed an application by way OS (OS 51) seeking, inter alia the following orders:

2.1 A Declaration that the direction dated 22 January 2020 issued by the Defendant under s 11 of the POFMA cannot be enforced against the Plaintiff in Malaysia;

2.2 A Declaration that the Defendant or anyone acting under his authority cannot take any action to enforce any provision of POFMA against the Plaintiff


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