PRO-Palestinian group Boycott Divestment and Sanction (BDS) Malaysia, facing a RM6 million suit from McDonald’s Malaysia, was undeterred and said it would entrust the matter to the court for a decision, chairman Prof Mohd Nazari Ismail said.

He denied any wrongdoing and mentioned plans to release a detailed statement soon.

“BDS Malaysia recently received a writ of summons from McDonald’s Malaysia, accusing us of defaming the company.

“We categorically deny this. We have therefore decided to let the court decide on the matter,” the former University Malaya academic said.

“We have engaged the services of legal firm Raja Riza and Associates. After consulting our lawyers, we will issue a more detailed statement.”

Responding to the legal suit, lawyer Haniff Khatri Abdulla said the burden was now on Gerbang Alaf Restaurants Sdn Bhd, the licensee of McDonald’s in Malaysia, to prove the group had defamed the company.

He said Gerbang Alaf could sue if it felt its business was affected by the boycott, but might face an uphill task to ratify alleged defamatory remarks.

Gerbang Alaf demanded BDS issue an apology and pay RM6 million in special damages.

The fast food chain, in confirming the legal action, said none of its sales, profits, royalties, or franchise fees fund political causes or conflicts.

A writ sighted by The Malaysian Insight showed Gerbang Alaf demanded BDS Malaysia post an apology on its website and Facebook and Instagram pages, and for the statements to be permanent on these platforms.

“Anyone can initiate a civil suit if they feel their rights were violated, but whether they succeed or not is another story,” Haniff said.

“They need to prove the licence (franchise) fees paid to McDonald’s were not channelled to Israel. To say that many Malay-Muslims are affected by the boycott is another issue.

“The issue is whether McDonald’s channelled its funds to Israel. The loss of jobs or income, along with humanitarian aid sent to Palestine by Gerbang Alaf, is a different story.

“In my opinion, the suit brought by McDonald’s Malaysia is to gain sympathy on social media. If that is true, the suit is a misuse of the court process.”

Checks on the BDS website showed McDonald’s was listed under an organic boycott initiated by grassroots.

The boycott against McDonald’s was attributed to its franchises in Israel, which were perceived to openly support Israel’s occupation of Palestine and have reportedly provided substantial in-kind donations to its military.

In a previous interview with The Malaysian Insight, Nazari urged Malaysians to boycott companies and brands linked to Israel, which he said was committing human rights violations in Gaza.

Inspired by the South African anti-apartheid movement, BDS Malaysia urged pressure on Israel to comply with international law.

Civil suit may backfire 

Iman Research programme director Badrul Hisyam Ismail criticised Gerbang Alaf’s suit, saying such action could backfire.

He suggested Gerbang Alaf take public sentiment into account.

“It is not a clever move. It should know such action will only cause more damage. People won’t be going to McDonald’s due to the ongoing war, and suing a pro-Palestinian organisation will only isolate them further,” Badrul said.

“I think it is desperate; it cannot defend what’s happening in Gaza and it cannot deny McDonald’s contribution to Israel. It is all over the internet. Pictures of McDonald’s providing food to the Israel Defense Forces are widely shared on social media.

“There’s nothing Gerbang Alaf can do and the suit is its avenue to recoup losses.” – January 1, 2024.