What are the seven questions of law the Federal Court will address?

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The Federal Court Will Hear Appeals Regarding Lawsuits Filed by Lawyers for Liberty

The Federal Court has scheduled May 17 to hear appeals from the Malaysian government and the Attorney General (AG) concerning lawsuits initiated by Lawyers for Liberty (LFL). These appeals seek to dismiss two suits filed by LFL, which arose after Singapore, under its Protection from Online Falsehoods and Manipulation Act (Pofma), mandated LFL to issue a correction notice. The government and AG intend for the Federal Court to adjudicate seven questions of law pertinent to these cases.
Appeals to Strike Out LFL Lawsuits

The Malaysian government and the AG are pursuing appeals to have two suits filed by Lawyers for Liberty (LFL) struck out. These legal actions originated from a directive issued by Singapore under its Pofma law, requiring LFL to publish a correction notice. LFL had previously issued a press statement alleging the use of severe and unlawful methods in the execution of prisoners at Singapore's Changi prison.
Government's Grounds for Striking Out Suits

The basis for the Malaysian government and AG's applications to strike out LFL's suits rests on the principle of foreign sovereign immunity. They contend that a certificate issued by the Yang-di-Pertuan Agong on April 16, 2020, acknowledges Singapore as a foreign sovereign nation. Consequently, they argue that Singapore and its minister’s decisions, including the correction direction, should be immune from legal processes within Malaysia.
Procedural History of the Cases

LFL initiated two separate suits in 2020. The first was against the Malaysian government, seeking a declaration that LFL should not be subject to any proceedings within Malaysia that further Singaporean law. The second suit was filed against the Minister for Home Affairs of Singapore, aiming for a declaration that the correction direction is unenforceable against LFL in Singapore. The High Court initially allowed the Malaysian government and AG’s applications to strike out these suits on June 10, 2021.
Court of Appeal's Reversal and Remittal

The Court of Appeal subsequently overturned the High Court's decision on July 20, 2022, after LFL's appeal was allowed. This ruling mandated that the suits be sent back to the High Court for a full trial to be conducted by a different High Court judge. The Federal Court’s hearing on May 17 will address the government and AG's further appeals against this decision.

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What are the seven questions of law the Federal Court will address?

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