Can courts stop people from using Facebook?

Lawyers say a recent order made by a sessions court is unreasonable.

Reuters pic.

PETALING JAYA: Lawyers have questioned the wisdom of a court order to stop a man on trial from using Facebook pending the disposal of his case.

Shashi Devan Thalmalingam, a member of the Kuala Lumpur Bar committee, said the order, made last Wednesday by the Kota Kinabalu Sessions Court, was unreasonable and must be reviewed by the High Court.

The case involves 27-year-old Seevashankar Vikneswaran, who is accused under the Communications and Multimedia Act of uploading pictures of his former girlfriend that could be “deemed offensive and could cause annoyance to another person”.

Besides forbidding him from using Facebook, the court ordered Seevashankar to present himself once a month at a police station in Tambun, Perak, until the trial date, which has been set for Aug 1.

Shashi said he wondered how the court was going to monitor Seevashankar’s online activities.

New questioned whether the court was punishing Seevashankar before trying him. 

“To stop him completely from using Facebook does not make sense at all,” he told FMT. “He may still get access to Facebook by creating another account. There are so many ways to go online.

“Can he be arrested if he is found to have breached the order?”

Shashi is the lawyer representing political activist Khalid Ismath, who is accused of posting offensive comments against the Johor royal family. He noted that no gag order had been imposed on his client. “He is still using Facebook,” he said.

Another lawyer, New Sin Yew, questioned whether the court was punishing Seevashankar before trying him.

“In this day and age, the internet and social media have become inseparable from daily life,” he said. “Staying offline, whatever that means, does not help secure one’s attendance in court.”

Nair says the court could have instead ordered Seevashankar to refrain from republishing posts about his ex-girlfriend.

Senior lawyer SN Nair said the order was “clearly unconstitutional”.

“The Chief Justice or the Chief Judge of Sabah and Sarawak can call for a review,” he added.

He said the court could have instead ordered Seevashankar to refrain from republishing posts about his ex-girlfriend. -FMT