Malaysiakini 与 Steven Gan

“From July 2020 to February 2021 , the Clooney Foundation for Justice monitored contempt of court proceedings against the news outlet Malaysiakini and its editor-in-chief Steven Gan . The defendants were accused of contempt of court on the basis of unmoderated subscriber comments on a Malaysiakini article about an order by the Malaysian Federal Court’s Chief Justice to reopen courts following their closure because of the COVID-19 pandemic. According to the prosecution, the comments, which criticized various courts and judges for corruption and incompetence, were insulting to the judiciary.”

报告将本案界定为针对新闻机构和总编辑的读者评论藐视法庭程序。

“All were posted under pseudonyms.106 Malaysiakini was not aware of the comments until informed by police.107 It removed them twelve minutes later and banned the five users who posted them.108 These facts were not contested by the prosecution. Malaysiakini agreed that the comments were offensive and inappropriate and apologized for indirectly allowing the comments to be published.109”

报告记载警方通知后12分钟删除评论、封禁用户并致歉；不据此推断法院免除责任。

“The defense also argued that Malaysiakini’s compliance with the Malaysia Communications and Multimedia Content Code (MCMC Code) obviated any liability. According to the defense, the MCMC Code did not require websites to monitor comments and allowed a two-day window to take down posts.132 On February 19, 2021, the Federal Court found Malaysiakini guilty of contempt and acquitted editor-in-chief Steven Gan.”

辩方援引内容准则；报告随后明确区分2021年2月19日Malaysiakini被定罪与Steven Gan无罪。

“The court thus stated that “[p]ublic interest demand [ed] a deterrent sentence be meted out against the First Respondent,” imposing a fine of RM 500,000 (approximately $118,000 USD).152”

联邦法院对Malaysiakini判处RM 500,000罚款；这不是Steven Gan个人罚款。

“Within hours of the verdict, Malaysiakini had raised enough via crowdfunding to pay the entirety of the RM 500,000 fine.155”

报告记载Malaysiakini在判决后数小时内筹得足以支付全额罚款的资金；筹资不等于撤销定罪。

“Although there is no higher court than the Federal Court, meaning that Malaysiakini could not appeal the conviction, it is possible to seek review of a decision by the Federal Court. In May, Malaysiakini sought such a review so as to set aside its contempt conviction. The Federal Court has scheduled the review hearing for October 12.”

报告区分普通上诉与联邦法院复核，并记载Malaysiakini于5月申请复核、听证预定10月12日。

“The Clooney Foundation for Justice’s TrialWatch Initiative deployed monitors to both the hearing on the merits on July 13, 2020 before the Federal Court and the court’s issuance of the verdict on February 19, 2021. The monitors were fluent in Malay and did not experience any impediments in entering the courtroom. The monitors used the CFJ TrialWatch App to record and track what transpired in court and the degree to which the defendants’ fair trial rights were respected.”

TrialWatch部署会马来语的观察员参加实体听证及宣判并记录程序。

“In light of the above, on October 12 the Federal Court should set aside Malaysiakini’s conviction.”

报告呼吁联邦法院于10月12日复核时撤销Malaysiakini定罪；这是建议，不是复核结果。