NGOs stand in solidarity with individuals being silenced or censored for dissent

0
46 views

We, the undersigned civil society organisations, strongly condemn the continued use of repressive laws as tools of suppression by the new Malaysian government to silence dissent and opposing views.

We note that since the change of government at the federal level in March this year, the state has been increasingly using Section 233 of the Communications and Multimedia Act (CMA) and laws such as the Sedition Act 1948, the Peaceful Assembly Act 2012 and Sections 504 and 505 of the Penal Code to silence freedom of expression, speech and assembly. We find such attempts to be similar to strategic lawsuits against public participation tactics where legal action is brought against human rights defenders with the intention to censor, intimidate and silence critics until they abandon their criticism.

This is an especially dangerous form of retaliation from the government because of its potential to create a wider chilling effect on the media, civil society and activists, but disguised as a legitimate lawsuit.

We have documented the following cases where members of the media, human rights defenders and activists, as well as opposition political members, were brought in for questioning and/or charged and arrested for exercising their right to expression by raising critical questions or participating in peaceful assemblies through a broad range of laws and state apparatus.

This already extensive list is non-exhaustive as there are other individuals who are also being investigated and charged under these laws since the formation of the new federal government less than four months ago. Read together, it can be seen as a deliberate and concerted series of actions intended to silence dissent and difference in opinions.

READ MORE:  Why Malaysians must be allowed right of expression

Freedom of speech, expression, assembly and association is clearly enshrined under international human rights law, including the Universal Declaration of Human Rights, and in Article 10 of the Malaysian Federal Constitution. These norms and freedoms underpin the fundamental right to seek, to receive and exchange ideas, opinions and information that would enable the public to form their own opinions and allow for dissenting or alternative positions, specifically on issues of public interests. They are critical in the functioning of a working and healthy democracy, which includes strengthening the rule of law, combating corruption in all spheres of society and the promotion of good governance.

Limits and restrictions on any forms of freedom of expression in law must be clear and narrowly defined, and serve a well-defined public interest function. These restrictions must meet the harm test to determine legitimacy, necessity and proportionality. Here, a range of actors are targeted for raising critical questions, or for simply raising visibility on potential human rights violations and abuse. This is grossly disproportionate to any legitimate aim of protecting public order. Any government that is too quick to put the weight of the state apparatus against dissenting voices and opinions is one that raises alarm bells for a functioning democratic system. Critical voices are at the heart of transparency and accountability to check and balance state power.

Preventing misinformation and disinformation is not a reason to restrict access to information both online and offline, and cannot justify the use of laws to silence critics. Heads of state and public officials should tolerate more, not less, criticism than ordinary citizens. The government cannot be exempted from the consequences of their actions and there should be no impunity for those that limit freedom of opinion and expression through threats, harassment and violence.

READ MORE:  Benarkan rakyat bebas bersuara dalam krisis 'kerajaan pintu belakang' (Malay/English)

Following this slightly more than 100 days of intensified silencing and suppression of dissenting voices, we call on the government and its other state apparatus, to:

  • End and refrain from the continued use of these intimidating measures and repressive laws to threaten and silence those exercising their fundamental human rights and speaking on behalf of the public and those marginalised in these very trying times and halt all ongoing investigations
  •  Withdraw all charges against human rights defenders, media and opposition members who are being investigated or charged under the above-mentioned repressive laws
  • Enact a right to information law and repeal or amend repressive laws such as the Printing Presses and Publications Act, the Official Secrets Act, the Sedition Act and Section 233 of the Communications and Multimedia Act, so that these laws are not utilised arbitrarily to stifle all manner of speech
  • Create an enabling environment that promotes critical thinking, healthy debates, transparency and accountability from the government as well as measures focused on building the people’s trust in the government – not further undermining the people’s human rights.

End this culture of bullying and suppression now!

Centre for Independent Journalism, Malaysia

Endorsed by the following groups:

  1. Agora Society Malaysia
  2. Amnesty International Malaysia
  3. Association of Women Lawyers
  4. Beyond Borders Malaysia
  5. Centre for Orang Asli Concerns (COAC)
  6. C4 Centre
  7. Empower
  8. Engage
  9. Freedom Film Network (FFN)
  10. Gerakan Media Merdeka (Geramm)
  11. Gerakan Pembebasan Akademik (GPA)
  12. Hindu Agamam Ani Malaysia
  13. Islamic Renaissance Front (IRF)
  14. Jaringan Rakyat Tertindas (Jerit)
  15. Justice for Sisters
  16. Kuala Lumpur and Selangor Chinese Assembly Hall (KLSCAH) Youth Section
  17. Kuala Lumpur and Selangor Chinese Assembly Hall (KLSCAH) Women’s Division
  18. Kryss Network
  19. Maju Foundation
  20. North-South Initiative (NSI)
  21. Our Journey
  22. PEN Malaysia
  23. Pergerakan Tenaga Akademik Malaysia (Gerak)
  24. Persatuan Aliran Kesedaran Negara (Aliran)
  25. Persatuan Sahabat Wanita Selangor (PSWS)
  26. Pusat Komas
  27. Sabah Women’s Action Resource Group (Sawo)
  28. Saya Anak Bangsa Malaysia (SABM)
  29. Sinar Project
  30. Sisters in Islam (SIS)
  31. Society for the Promotion of Human Rights (Proham)
  32. Suara Rakyat Malaysia (Suaram)
  33. Students Unity Front UKM
  34. Tenaganita
  35. Coalition for Clean and Fair Elections (Bersih 2.0)
  36. To Earth With Love
  37. University of Malaya Association of New Youth (Umany)
  38. UTM-MJIIT Voices
  39. Women’s Aid Organisation (WAO)
Thanks for dropping by! The views expressed in Aliran's media statements and the NGO statements we have endorsed reflect Aliran's official stand. Views and opinions expressed in other pieces published here do not necessarily reflect Aliran's official position.

Our voluntary writers work hard to keep these articles free for all to read. But we do need funds to support our struggle for Justice, Freedom and Solidarity. To maintain our editorial independence, we do not carry any advertisements; nor do we accept funding from dubious sources. If everyone reading this was to make a donation, our fundraising target for the year would be achieved within a week. So please consider making a donation to Persatuan Aliran Kesedaran Negara, CIMB Bank account number 8004240948.
Subscribe
Notify of
guest
0 Comments
Inline Feedbacks
View all comments