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Mohd Arief Emran Arifin

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Dato' Mohd Arief Emran bin Arifin</a< is a partner with the Dispute Resolution Practice Group of Wong & Partners. He is well versed in civil litigation procedure and is experienced in the various stages of dispute management in both Court and arbitration proceedings. He is experienced in commencing and defending arbitrations under the KLRCA, ICC, SIAC and other ad hoc rules. Dato' Emran frequently advises and assists major financial institutions on Islamic finance disputes and debt recovery management, and has been acknowledged by Asia Pacific Legal 500 as a practitioner with "particular expertise in Islamic finance disputes." He was also recognised among the notable dispute resolution practitioners in Malaysia by Chambers Asia Pacific, 2016. He is also well regarded in tax and customs litigation, as he successfully assisted in securing a landmark decision in favour of a client in Malaysia's first judicial review matter involving anti-dumping duties on foreign exporters. He has also represented major corporations in complex judicial review cases against the Malaysian Inland Revenue Board on withholding taxes and transfer pricing issues relating to the legitimacy of Labuan tax planning structures.
In Asia-Pacific

Malaysia: Malaysian Federal Court held online platform provider liable for third party content

by , , , , and 4 Mins Read

On 19 February 2021, the majority of the Malaysian Federal Court (“Federal Court”) delivered its much-anticipated judgment in Peguam Negara Malaysia v Mkini Dotcom Sdn Bhd and Another [2020] 4 MLJ 791 in respect of the allegation of contempt of court by way of comments posted by subscribers and readers on the Malaysiakini news portal on 9 June 2020.

The Federal Court in its majority decision held that Malaysiakini, an online platform provider, is liable  for third party comments which are offensive and inappropriate even though they had no knowledge of the same until notified and where the impugned comments were then promptly removed. Further, compliance with the Malaysian Communications and Multimedia Content Code (“Content Code”) did not shield Malaysiakini from liability. 

While the matter related to an offence of criminal contempt, the Federal Court’s decision is likely to impact and change the landscape of liability for online platform providers in Malaysia with regard to third party content.