AGC objects to Bersatu man’s judicial review bid over blocked TikTok accounts

Na’im Brundage, of party’s Jasin youth wing, named the wrong parties as respondents, says senior federal counsel

4:57 PM MYT

 

KUALA LUMPUR – The Attorney-General’s Chambers (AGC) has filed an objection against a social media account holder’s leave application to initiate judicial review proceedings over the Malaysian Communications and Multimedia Commission’s (MCMC) decision to block his TikTok accounts.

Senior federal counsel Ainna Sherina Saipolamin said the AGC had filed the objection yesterday on the grounds that Na’im Brundage’s application was not an appropriate avenue and the wrong parties – not decision-makers – were named.

She told reporters this after the case proceedings before high court judge Datuk Ahmad Kamal Md Shahid here today, which was also attended by lawyer Zaid Malek, representing Na’im, and lawyer A. Ruebankumar representing MCMC chief network security officer Datuk Mohamed Sulaiman Sultan Suhaibuddeen, the MCMC chairman and the MCMC as respondents.

Earlier, during today’s proceedings, judge Kamal set October 28 to hear the judicial review application.

Na'im Brundage fb
Na’im Brundage pictured when he was a Parti Bangsa Malaysia member in October 2022. – Na’im Brundage Facebook pic, July 24, 2024

Na’im – of Bersatu Youth in Jasin – had filed for a judicial review on June 24, naming Sulaiman, the MCMC chairman, the MCMC, Communications Minister Fahmi Fadzil and the Malaysian government as respondents.

Na’im had sought a certiorari order to dismiss the respondents’ decision, as stated in a letter dated April 1, 2024, to block his two TikTok accounts.

He said the blocking of his TikTok accounts contradicted Section 3(3) of the Communications and Multimedia Act 1998, and that there was no provision under the legislation authorising such an action.

“The respondents’ decision to block the TikTok accounts is invalid, unlawful, irrational, procedurally improper, unjust and a violation of fundamental justice,” Na’im said. 

In his supporting affidavit, Na’im said he frequently uploaded videos on his two TikTok accounts, expressing his views and opinions on current issues of public interest, including social, political and economic matters.

However, in March, Na’im discovered that his TikTok accounts had been blocked and were inaccessible for viewing. – July 24, 2024

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