Court rules TikTok ban on activist not subject to judicial review
The High Court dismissed Na’im's attempt to overturn his TikTok account suspension, stating the decision was made by the platform, not the communications regulator.
In a ruling by High Court judge Norliza Othman, the court found that the suspension of Na’im's TikTok accounts could not be challenged because the action originated from TikTok itself, not from the Malaysian Communications and Multimedia Commission (SKMM). The judge explained that SKMM only communicated the alleged breach of TikTok's community standards to the platform, which then imposed the ban, and such administrative steps are outside judicial scrutiny.
Na’im had sought a certiorari order in June 2024, claiming the ban breached Section 3(3) of the Communications and Multimedia Act 1998 and that no statutory provision authorized the action. Represented by lawyer Latheefa Koya, he intends to appeal the judgment. SKMM was represented by lawyer A Ruebankumar, while the Ministry of Communications and the government were defended by Federal Counsel Ainna Sherina Saipolamin.
Why it matters
The decision clarifies the limits of judicial review over social-media bans and the role of regulators in Malaysia.
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