Freedom Of Speech Under Siege

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When the intricacies of the dealings of 1Malaysia Development Berhad (1MDB) were being laid bare by The Edge and Malaysiakini, there were many unhappy people. While they could call the shots with the mainstream media, they could exert no control elsewhere
When sordid details of the rotten deals began to emerge in the foreign media, out of desperation, the government used their last card in hand. The media was warned that legal action can be taken against any individual, group or organisation who makes defamatory remarks related to 1MDB
In mid-May 2016, the Home Ministry in a written reply in Parliament said laws such as the Sedition Act 1948, the Printing Presses and Publications Act 1948 and the Penal Code could be used against those who publish "fake news" on 1MDB
The sword of Damocles which hung over the heads of journalists, activists and community leaders was lifted after the general election in May 2018. Even the prime minister decreed that anyone is free to criticise him and ordered the police to stop arresting those who did so
With the Perikatan Nasional (PN) government, it appears that the freedom of expression which had been accorded has been withdrawn
Last month, Tashny Sukumaran was summoned by the police who commenced criminal investigations for her coverage on the crackdown on migrant workers in the capital for the South China Morning Post. No charges have been proffered as yet
Last week, watchdog body C4 director Cynthia Gabriel got a “love letter” from the police to give a statement on a press statement she had made on March 14
The gist of her statement was an appeal to Malaysians not to legitimise an unelected government by pointing out the weaknesses and shortcomings of ministers
The raid on migrant workers reported by the South China Morning PostLet’s put out the facts – this is not fake news or issues picked out of thin air and concocted for publicity purposes. It is an expression of the state of affairs of the nation and seeks to draw the attention of the people to the predicament they are in
These claims are backed by research and the footnotes give the reader links to the various articles which had been previously published
The content makes compelling reasons for the people to stop legitimising an unelected government and is passionately argued point by point
A notation of interest: everyone except for the mainstream media has been referring to PN as the “backdoor government” and rightly so. Let it be reiterated that they were not elected by the people and even their legitimacy has not been tested in Parliament
The C4 statement came before the release of a leaked recording. In it, a man whose voice resembles that of Prime Minister Muhyiddin Yassin is heard saying that Umno MPs can be enticed to join Bersatu if they are offered ministerships or GLC posts
This reinforces some parts of Gabriel’s statement. On hindsight, she correctly headlined her release as “Anti-corruption rhetoric will never purify the unelected Perikatan Nasional govt”. So, what's the beef
The government, instead of upholding freedom of speech, a right enshrined the Federal Constitution, is making half-hearted attempts to stifle expressions, views and opinions on current issuesI have always advocated that the right to free speech must be expressed judiciously and it allows protection to Joe Public when he expresses discontent or criticism towards the authorities
After the incident involving Tashny made headlines worldwide, Communications and Multimedia Minister Saifuddin Abdullah promised to uphold freedom of speech
"We have to have this balance. Freedom of media must be upheld but you can't compromise on fake news [...] but I can assure you that I will continue upholding freedom of speech and freedom of organisation
"That you can take it from me regardless of which party I belong to," Malaysiakini quoted him saying
Saifuddin AbdullahSo, we have to ask the minister if he is saying that C4 had published fake news? Or is it that the right hand does not know what the left is doing
While he is going around thumping his chest and saying, “I am the same Saifuddin that upholds freedom, democracy, human rights, and the rule of law” doesn’t he see the police action as “high-handed”
Why then has Saifuddin maintained his silence and why this apathetic stand
By all means, go after those who publish false news or offensive statements but stop intimidating those who are passionate for a better Malaysia. Go after individuals insulting religion (it is still going on in social media) or challenging the rights of the Malays or offending royalty
Shouldn’t the government defend its stand on the decision it makes? Is the government unable to provide plausible answers to questions that are raised? Is the government afraid of criticism? Is the government hiding major wrongdoings
Should journalists be afraid of letters from the police because they criticise the government, its legitimacy and its policies? Will parties who demand accountability on government funds be subjected to the same
And finally, are we prohibited from asking the prime minister the reasons for keeping silent on the leaked tapes? Did he or did he not make the offer to MPs to cross the floor? Can we expect answers or has the entire cabinet gone on silent mode
R NADESWARAN says freedom of speech must be protected as all times lest some self-appointed guardians of the truth run rough-shod over the people. Comments: [email protected] - Mkini

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