PUTRAJAYA: Raub Australian Gold Mining Sdn Bhd (RAGM) has won at the Federal Court in an appeal over a suit related to the publication of defamatory articles and videos on its gold mining activities in Bukit Koman, Raub Pahang.

       The Federal Court upheld the Court of Appeal's order that news portal Malaysiakini and three others have to pay RM200,000 in damages and a further RM200,000 in costs to the company.

       The five-member Bench led by Federal Court judge Justice Vernon Ong Lam Kiat, in a 3-2 majority decision on Friday, dismissed the appeal by Mkini Dotcom Sdn Bhd, the company which operates news portal Malaysiakini, and three other former members of the editorial team.

       The majority decision was read out by Federal Court judge Justice Abdul Rahman Sebli. Justices Zaleha Yusof and Hasnah Mohammed Hashim concurred with him while the minority decision came from Justices Harmindar Singh Dhaliwal and Ong.

       In his judgment, Justice Abdul Rahman Sebli said the Court of Appeal was right in holding that the defence of reportage must be specifically pleaded as it is distinct and separate from the Reynolds defence of responsible journalism.

       Reportage is a common law defence against defamation lawsuits, usually involving media organisations republishing unproven accusations of public figure, so long as the reporting is unbiased and in the public interest.

       The Reynolds defence of responsible journalism requires an attempt by the media to contact the other side before publishing the article.

       "A vital element of reportage is missing from the pleadings to entitle the appellants (Malaysiakini) to rely on the defence of reportage," said Justice Abdul Rahman, adding that the reports were not in neutral fashion.

       Justice Abdul Rahman said the majority court decision ruled in the affirmative on a legal question that it was proper to award general damages for loss of goodwill and vindication of reputation to RAGM which has independently been subjected to a voluntary winding-up by its creditors.

       In the dissenting judgment, Justice Harmindar Singh said the whole story about the fears arising from RAGM's gold mining activities was already in the public consciousness as evidence disclosed that since 1996, there were at least 26 news articles from various news media.

       "To impose a burden on the media to engage independent experts prior to publication would not just be an onerous undertaking but also impractical as the function of the media is to report the news as it unfolds," he said.

       He said the impugned articles and video, although damaging to RAGM, were on a matter of great public concern, were balanced in content and tone, and critically, did not assert the truth of the allegations reported.

       Justice Harmindar Singh said the press and journalists play a crucial role in reporting matters of public interest and matters of serious public concern, adding that in its role as a watchdog for the people, the awareness created by such media reports will by and large lead to greater protection of society as a whole.

       "In carrying out this duty, the press may at times get the facts wrong. However, in matters of public interest so long as the press holds a reasonable belief that the publication is in the public interest or that the publication is a fair, accurate and impartial account of the dispute, the press and the journalists are entitled to the protection of the law," he said.

       RAGM filed the suit against Malaysiakini for defamation and malicious falsehood in respect of three articles and two videos published in the Malaysiakini portal in 2012 on the health concerns of Bukit Koman villagers in Raub, Pahang, over RAGM's gold mining activities.

       On May 23, 2016, the High Court dismissed RAGM’s claim against Malaysiakini and the other three defendants but on Jan 11, 2018, the Court of Appeal reversed the High Court's decision and ordered them to pay RM200,000 in damages and RM150,000 in legal costs. - Bernama