The Centre for Independent Journalism (CIJ) stands in solidarity with Parti Sosialis Malaysia as it faces an unwarranted investigation for organising an event creating a safe space for members of the LGBTQ+ community.
We acknowledge the duty of the police to investigate when there are police reports lodged.
Nonetheless, we would like to remind the authorities to stand by the central tenet of upholding freedom of expression and assembly that is enshrined in Article 10 of the Federal Constitution.
Despite several actors opposing this event on the grounds of moral and religious values of Malaysia, the CIJ notes that freedom of expression, which includes the expression of identity, is guaranteed in our nation’s highest legal framework, reflecting the values of Malaysia. Article 5 and Article 8(2) protect individuals’ liberty and guarantee equality before the law, including non-discrimination based on gender, respectively.
As such, we call for this investigation to be conducted fairly and without biases, following the international three-part test of necessity, proportionality and legitimacy. These standards must especially be taken into account as this case is being investigated under broad and ambiguous laws – Section 233 of the Communications and Multimedia Act and Section 298A of the Penal Code – as these laws are increasingly being weaponised to serve archaic values and political expediency.
We support any event that allows people to freely discuss and share ideas and opinions in a safe space, especially when it does no direct harm to the public. Diverse and healthy discourse and debate are not only central to freedom of expression but also to democracy. – CIJ
Wathshlah G Naidu is the executive director of the Centre for Independent Journalism.
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