What are the legal grounds for challenging the suspension of The Edge publications?

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Legal Avenues Exist to Challenge the Suspension of The Edge Publications Despite Statutory Finality Clauses

The suspension of The Edge Media Group's two publications can be subject to legal challenge, even with Section 13A(1) of the Printing Presses and Publication Act 1984 stipulating that such decisions are final. A legal challenge is feasible if it can be demonstrated that the Home Ministry acted in bad faith or exceeded the authority granted by the Act. This principle is supported by a previous judicial review where the High Court found a similar ministry decision to be improper and irrational.
Grounds for Judicial Review

A challenge to the Home Ministry's decision can be pursued through judicial review, provided evidence of bad faith or an abuse of power by the minister can be presented. While Section 13A(1) of the Printing Presses and Publication Act 1984 states that decisions are final and cannot be questioned in court, this finality is not absolute. Lawyers argue that if a decision is proven to be made with malicious intent or outside the legal framework of the Act, it can be reviewed by the courts.
Precedent in the MalaysiaKini Case

A significant precedent for challenging such administrative decisions was established in the MalaysiaKini case in 2012. In that instance, the High Court ruled the Home Ministry's rejection of a publishing permit as 'improper and irrational'. The court found that the ministry had misdirected itself and exceeded its jurisdiction in making that decision, thereby allowing for a judicial review despite the Act's provisions.
Principles of Justice and Freedom of Expression

The suspension has been described by legal professionals as a form of censorship, intended to restrict access to information and curtail freedom of expression. The argument is that administrative decisions, particularly those impacting fundamental rights, should not be shielded from scrutiny if they are made in bad faith, as this would contravene the core principles of justice and fairness. The ability to challenge such decisions ensures accountability and upholds democratic values.

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What are the legal grounds for challenging the suspension of The Edge publications?

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