• Home
  • News
    • Press Statements
    • Speeches
    • Bar News
    • AGMs and EGMs
    • In Memoriam
    • Legal and General News
    • Court Judgments
    • Highlights from the Appellate Courts
  • Members
    • Circulars
    • Malaysian Bar Library
    • Peer Support Network
    • Sijil Annual and Payments
    • Benefits
    • Practice Management
    • Professional Development
    • Opportunities for Practice
    • Mentor-Mentee Programmes
    • Laws, BC Rulings and Practice Directions
    • Resources
    • Become a Member
  • Find
    • Legal Directories
    • BC Legal Aid Centres
    • State Bar Committees
    • Law Firms | Areas of Practice
    • Jobs
    • Useful Forms
  • About Us
    • Malaysian Bar and Bar Council
    • President's Corner
    • Committees
    • Previous Committees
    • Contacts
    • Advertising
    • Malaysian Bar Lifetime Achievement Award
  • Public
    • Notices
    • Compensation Fund
    • Complaints
    • Legal Aid
    • MyBar Pro Bono Hub
  • Search
  • Login
Search for

New login method: If first-time login, the password is your NRIC No. Call 20502191 for help.

 
Lost your password? Remember Me

 
No User ID/Password for firm? Click here for more information. Forgot Firm Username/Password?

Set a new password

If you have lost your password, you must set a new password. To begin this process, please key in your 12-digit NRIC No. below.

Forgot Firm Username/ Password?

Please enter name of firm or registered email address, indicate whether you want to retrieve your firm's username or password, and click "Submit".

Username Password
 
Access to Member Portal

Please key in your membership number, and click "GO"

BC
Resume Practice Request

Please key in your membership number, and click "GO"

BC
Newly-Called Request

Please key in your pupil code, and click "Submit"

Pupil Code

Change Password


Please enter your Password and Confirm Password then click on the Change Password button.
You will receive a new password shortly. Use this new password to access the site.

Password:
Confirm Password:
 
Change Password


Shortcut
  • Legal Directory
  • Find a Job
  • CPD
  • Online Shop
  • Payments
  • Complaints
  • Committees

Search the site

  • Search Me
Member Login
  • BC Online Facilities
  • Login Type 2
  • Login Type 3
  • Login Type 4
  • About Us
  • Committees
  • Human Rights
About Us
Malaysian Bar and Bar Council
  • About Us
  • Bar Council Members
  • Malaysian Bar Secretariat
  • Elections
President's Corner
  • Roll of Chairmen / Presidents
  • Press Statements
Committees
  • * Committees | Introduction
  • Ad Hoc Committee on Conditional Fee Rules (Re Non-Personal Injuries)
  • Ad Hoc Committee on Conditional Fee Rules (Re Personal Injuries)
  • Ad Hoc Committee on Contempt of Court
  • Ad Hoc Committee on Corporatisation of Law Firms and Multi-Disciplinary Practice
  • Ad Hoc Committee on Legal Services Blueprint
  • Ad Hoc Committee on Personal Data Protection
  • Ad Hoc Committee on Prison Reforms
  • Ad Hoc Committee on Sectoral Law and Practice Integration
  • Ad Hoc Committee on Sectoral Law and Practice Integration
  • Ad Hoc Committee on Statelessness
  • Ad Hoc Committee on Touting
  • Ad Hoc Pandemic Response
  • Ad Hoc Parliament Liaison Committee
  • Ad Hoc Peer Support Network
  • Ad Hoc Waqf Committee
  • Advocacy Training
  • AI, Cyberlaw and Data Protection Committee
  • AMLA Training Committee
  • Animal Rights Committee
  • Anti-Touting Committee
  • Arbitration
  • Art and Law Committee
  • Bahasa Melayu
  • Building
  • Child Rights
  • Civil Law and Law Reform Committee
  • Committee on AMLA
  • Committee on Orang Asli Rights
  • Committee on Persons with Disabilities
  • Committee on Reform to the Legal Sector
  • Constitutional Law Committee
  • Construction Law
  • Conveyancing Practice
  • Corporate and Commercial Law
  • Court Liaison
  • Criminal Law
  • Cyber and Privacy Laws Committee
  • Cyberlaw
  • Digital and Communications Committee
  • Enforcement Committee
  • Environment and Climate Change
  • Family Law
  • Finance
  • Government Affairs Committee
  • Human Rights
  • Industrial and Employment Law
  • INSAF Committee
  • Integration
  • Intellectual Property
  • International Affairs Committee
  • International Malaysia Law Conference 2026
  • International Policy and Practice Committee
  • Islamic Finance
  • Joint Committee on Environmental, Social and Governance (“ESG”)
  • Joint Working Committee on ELEVATE
  • Joint Working Task Force to Reform the Healthcare Dispute Resolution System
  • Law Reform and Special Areas
  • LAWASIA Conference 2024 Organising Committee
  • LawCare
  • Legal Databases Liaison
  • Legal Education Committee
  • Legal Profession
  • Legal Profession Practical Course Committee
  • Legal Tech, AI and Sandbox Committee
  • Mediation
  • Migrants, Refugees and Immigration Affairs Committee
  • MyBar Academy
  • MyBar Academy and Continuing Professional Development Committee
  • MyBar Ageing Rights Advisory ("MBARA") Committee
  • MyBar Carnival Organising Committee
  • National Legal Aid and YBGK Committee
  • National Legal Aid Committee
  • National Young Lawyers and Pupils Committee
  • Peer Support Network Committee
  • Personal Injury Claims and Awards
  • Professional Indemnity Insurance Committee
  • Professional Standards and Development
  • Publications
  • Regulatory Litigation Committee
  • Risk Management
  • Shipping and Admiralty Law
  • Small Firms Practice
  • Solicitors' Remuneration Enforcement
  • Sports
  • Sports and e-Sports Law Practice Committee
  • Sports Law Practice Committee
  • Strategic Litigation Committee
  • Syariah Court Liaison Committee
  • Syariah Law
  • Task Force on Independent Police Complaints and Misconduct Commission ("IPCMC") and Police Accountability
  • Tax and Customs Committee
  • Tender Review Committee
  • Trade in Legal Services Committee
  • Trade in Legal Services Committee
  • Women's Rights
  • Yayasan Bantuan Guaman Kebangsaan Committee
Previous Committees
  • * Previous Committees | Introduction
  • Ad Hoc Committee on Amendments to the LPA
  • Ad Hoc Committee on Anti-Money Laundering
  • Ad Hoc Committee on Benchmarking Law Firms
  • Ad Hoc Committee on Judicial Commission
  • Ad Hoc Committee On National Legal Aid Foundation
  • Ad Hoc Committee on Quality and Standards
  • Ad Hoc Committee on Rules and Regulations
  • Alternative Dispute Resolution
  • Gender Issues & Equal Opportunities (2005-2007)
  • Institutional and Law Reform
  • International Malaysia Law Conference 2012
  • International Malaysia Law Conference 2014
  • International Malaysia Law Conference 2016
  • International Malaysia Law Conference 2018
  • International Malaysia Law Conference 2020
  • International Malaysia Law Conference 2022
  • International Malaysia Law Conference 2023
  • LawCare Fund Management
  • Library
  • Malaysian Law Conference 2007
  • Malaysian Law Conference 2010
  • Motor Insurance Review Ad Hoc Committee
  • No-Fault Liability Scheme
  • Practice Management Support
  • Safer Malaysia
  • Standing Committee for the Promotion of Best Practices by Detaining Authorities (2005-2007)
  • Standing Committee on Court Rules (2005-2007)
  • Standing Committee on Eliminating Discrimination (2005-2007)
  • Standing Committee to Review LPA 1976
  • Study Loan
  • Task Force on Combined Rules of Court
  • Task Force to Review the Compendium of Personal Injury Awards
Contacts
  • Web Administrator
  • Complaints
  • Legal Aid Centres
  • State Bar Committees
  • Malaysian Bar Secretariat
  • Bar Council Members
  • Bar Council
Advertising
  • Advertise with Bar Council
Malaysian Bar Lifetime Achievement Award
  • Malaysian Bar Lifetime Achievement Award
  • Go back to list
Report on the Media Defense Lawyers Training 13 Jul 2008 12:00 am

Contributed by Janet Chai Pei Ying & H R Dipendra

KUALA LUMPUR: On July 8, 2008, the Freedom of Expression and the Media Defence Working Group of the Bar Council's Human Rights Committee together with the Media Legal Defense Initiative and the Centre for Independence of Journalism (CIJ) jointly organized a Media Defence Lawyers Training Programme at the Bar Council Auditorium. This unique full day workshop on media law targeted those who already have a working experience of libel and other laws affecting the media. The training was aimed to provide guidance in bringing a holistic and practical approach when defending the right of freedom of expression of the media, and was to include discussion on the latest developments in libel law, protection of a journalist's sources, and sharing of strategic tips on challenges currently facing some media owners, journalists and bloggers in Malaysia.

The training programme was headed by eminent speakers – Mark Stephens, who was recently listed by the Times newspaper as one of the United Kingdom’s 100 most influential lawyers, and who is very often referred to as Mr. “Media Lawyer”; Robert Balin, an attorney who specializes in all aspects of media litigation and is Co–Chair of the Media Law Practice Group with Davis, Wright & Tremaine in New York; Charles Glasser, a former journalist turned lawyer and is the Global Media Counsel for Bloomberg News, whose forte involves training members of the media on how to exercise their freedom to speak responsibly; and lastly, Malik Imtiaz Sarwar member of the Malaysian Bar and President of HAKAM.

The training started with the Chair of the Freedom of Expression and the Media Defence Working Group, HR Dipendra, explaining the concept of media defence and the need to promote the freedom on the flow of information to people. Underlying this concept was the importance and need for the flow of information to be free from obstacles, external pressures, and hence media should not be controlled. Freedom on the flow of information is also enshrined in Article 10 of our Federal Constitution. However with this freedom must come responsibility but such responsibility should not be a state intervening event but rather a collective responsibility by all stakeholders involved in media defense.

Robert Balin and Mark Stephens then started an interactive session on Issues in Media Defence, with visuals to highlight the basic difficulty faced by the media – whether statements released would be considered an opinion or fact – the starting point in a libel suit. Mark highlighted the importance of freedom of expression in every nation which places economic prosperity as its top priority – there is a direct correlation between freedom of expression, which entails transparency and accountability, and economic prosperity in every nation.

On the interpretation of Article 10, as there are limited case law in Malaysia, Mark opined that one should look to customary international law. Customary international law on the freedom of expression, he shared, arguably is part of our domestic law: indirectly in the form of bilateral agreements between nations and resolutions of adoption of such law; and directly in the sense that freedom of expression are considered basic law and have minimum standards that are applied throughout the world; hence, when faced with limited case law on the interpretation, one should look outwards to customary international law and argue its applicability to domestic law.

Other issues discussed were the restrictions on freedom of expression faced by media in the form of licensing permit, amount of damages awarded in a libel suit (in the early part of this century, Malaysia was known to have awarded exorbitant damages amounting to millions of dollars in libel suits; fortunately, it can be safely said that this is no longer the case as such award of damages have seen disapproval in the Court of Appeal and Federal Court) and media insurance. Important as it is, the right to freedom of expression should also not be abused. Mark highlighted the importance of responsible journalism – steps should be taken to verify the information, status of the information, incorporate the two sides to a story, tone of the article – the list is not exhaustive, and any other factors and its relevance would vary from case to case.

Malik Imtiaz then presented his talk on How not to go to Jail by first giving an outline on the media situation in Malaysia – methods on dissemination of information, mainstream media, alternative media, public space, and extent of freedom of expression. The current tension in Malaysia can be summarized as follows: mainstream media vs. alternative media; who defines the truth. Malik highlighted that the media group should be aware of the laws that pose restrictions on the freedom of speech in the country: Sedition Act, Printing Presses and Publications Act, Penal Code and Internal Security Act. In addition to the aforementioned statutes, the media should also be aware of the existing system in the country. Malik also stressed that journalists and bloggers should write responsibly, going back to the point of responsible journalism that Mark had highlighted earlier. Malik’s talk ended with discussions on the Lingam videotape fiasco, rule of law and the institutions, and Patrick Saw’s t–shirts.

The group then proceeded to lunch, which was served at the President’s Room, Royal Selangor Club. During the 4 course lunch, the group was entertained by the last speaker of the day, Charles Glasser. Charles’ topic was on Working as Media Counsel in the 21st Century: A New Paradigm. Charles started with explaining his concept of the New Paradigm with an analogy of paradigm shifts on technology in Asia (emerging markets) – that in Asia, there was technology “leapfrogs”; ‘the West followed incremental steps in infrastructural development: from telegraph over copper wire, to voice over copper wire, to data over copper wire, to voice and data over fiber optic cables, now to wireless broadband’; ‘by contrast, India went from fragile copper wire directly to wireless broadband’. Charles shared that lawyers should apply this “leapfrogs” paradigm shift to media law in Asia, in that essentially, it should first be recognized that the old model of ‘print whatever you want and we’ll figure out a legal defense’ has failed as this old model produced stories that has resulted in litigation and diminution of the publication’s brand and integrity, which are keystones to readership and business (media) success. Charles shared his views on the core values and practices that are required in this new paradigm, which are applicable to lawyers advising their media clientele and the media group, and are as follows: encouraging quality journalism as ‘it is better to be second and right than first and wrong’; fairness; transparency; clarity and precision of language; ethical resources – ‘hidden cameras and recorders should be the last, not the first method of reporting’; serve the public interest – ‘the public interest is served when those with something at stake have the opportunity to learn facts that affect their health, safety, financial or physical security’.

After Charles’ talk and lunch, the group returned to the Bar Council Auditorium where they were split into 2 groups to work on a problem question. Discussions ensued in both groups to apply all that was learnt earlier to the problem question.

The training programme ended at 4.30pm with tokens of appreciation handed out to Mark, Robert, Charles as well as Peter Noorlander from the Media Legal Defense Initiative.

The Media Legal Defense training programme was preceded by a welcome dinner reception of its eminent speakers and participants, which included lawyers and journalists, at Sassorosso Lorong Yap Kwan Seng on the evening of 7 July 2008. The welcome dinner reception was graced by the attendance of the President of the Malaysian Bar, Dato’ Ambiga Sreenevasan, Vice President Ragunath Kesavan, Chair of Human Rights Committee Edmund Bon and senior members of the Malaysian Bar.

© Copyright Reserved 2026. Malaysian Bar.
Wisma Badan Peguam Malaysia, 2 Leboh Pasar Besar, 50050 Kuala Lumpur, Malaysia
Terms and Conditions.

Type “Hi” to begin your chat.

Do not share confidential or sensitive information. Verify any AI-generated content independently.

Disclaimer

This pilot chatbot service only provides information for general reference. The information provided does not constitute legal or professional advice. By continuing, you acknowledge that your input will be processed by AI, and you understand that AI-generated information may be inaccurate or incomplete and should be independently verified. Do not disclose confidential or sensitive information.

The Malaysian Bar is not liable for any loss or damage arising from reliance on any of the information provided. By using this service, you accept the applicable Terms and Conditions.
 

I'm a

 
 
 
 
 

I'm a