Lawyers for Liberty (LFL) refers to the news report stating that a former MP is being investigated by police under Section 500 Penal Code and Section 233 Communications and Multimedia Act 1998 for uploading a video that allegedly ‘defamed’ Prime Minister Anwar Ibrahim and Home Minister Saifuddin Nasution Ismail by alleging they had orchestrated the Malaysian Anti-Corruption Commission probe on former PM Ismail Sabri Yaakob.
The tactic of hounding political opposition members and critics is a tactic we had hoped would have ended with the old Barisan Nasional governments.
Instead, the practice continues under the so-called ‘reformist’ “Madani” (civil and compassionate) administration. This is antithetical to the democracy that Anwar’s government claims to champion and is a blatant abuse of power.
Have Pakatan Harapan members forgotten how dangerous it is when government machinery and enforcement bodies are used to silence or persecute political opponents?
The investigation of former Prime Minister Ismail Sabri Yaakob by the MACC is a matter of public interest. It is inevitable that members of the public would speculate and participate in the conversation surrounding the investigation.
However, even if discussions veered away from facts or the truth, this does not mean that such speech should be criminalised. That is not how a democracy works.
Freedom of speech is protected under Article 10(1)(a) of the Federal Constitution, and it is the duty of the government to ensure that this right is upheld. The criminalisation of discussion of matters of public interest for purported “falsity” would deter discussion.
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This is especially troubling since “truth” now seems to be a matter solely for the government to decide. Anyone falling outside of the government-approved facts run the risk of being hauled up by the police and charged in court, like this former MP.
This practice of investigating and criminalising speech or views that disagree with the government’s narrative is nothing short of despotic.
We remind this government that the police are not tools to protect the reputation of the PM or any ministers. They hold no special position in the law that any statement against them should be a subject of criminal investigation.
If the PM and home minister feel defamed, they are free to initiate civil action for damages in the courts like any other ordinary person. Why are they arrogating to the special privileges of having their reputation defended by the police? The police are not their private security arm.
If fake news is a concern, then the government is more than capable of addressing any alleged misinformation by countering it through its massive communications infrastructure.
Have PH leaders like Anwar and Saifuddin forgotten they fought against the Anti-Fake News Act? The principles behind the opposition to that act remains the same here. There is no justification for this government to prosecute people for alleged false news simply because they are the ones in power.
We thus urge the government to drop the investigation on the former MP and take immediate steps to ensure that no one else is subjected to criminal persecution for simply participating in discourse on matters of public interest.
It is the responsibility of the government to ensure that freedom of speech is not rendered illusory through the constant threat of criminal action. – LFL
Zaid Malek is director of Lawyers for Liberty.
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