Lfl Trains Guns On Trigger Happy Govt After Senior Citizen Lands In Prison

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Johari Ismail, 67, landed in prison after failing to pay a RM30,000 fine for posting a “false” statement on social media, a move that sparked outrage from Lawyers for Liberty (LFL).
The rights group slammed the government, accusing it of pulling the trigger on free speech.
LFL executive director Zaid Malek did not mince words, calling the government's use of Section 233(1)(a) of the Communications and Multimedia Act 1998 (CMA) "trigger happy”.
He warned that if the police were relentlessly scrutinising the public's online comments for even the slightest inaccuracy, people will be too afraid to speak out.
“Anyone can make an honest mistake. Are they to be jailed for this? It will be the death of freedom of speech.
“Article 10(1)(a) of the Federal Constitution upholds freedom of speech as one of the fundamental liberties of the people, and this right must be jealously guarded.
“Just because it is purportedly false does not mean that it warrants a criminal sanction,” he added in a statement.
On Feb 25, Johari pleaded guilty for uploading a statement alleging that the Conference of Rulers had voted to take action against the government regarding its failure to act on the addendum related to former prime minister Najib Abdul Razak.
Counter untruths instead of punish
Zaid argued that irrespective of the alleged falsity of the statement, public discussion of the addendum issue is a topic of national interest.
“It is unacceptable that Johari was charged for an offence under Section 233(1)(a) of the CMA and sentenced to a hefty sum of RM30,000. As an ordinary Malaysian, he was unable to pay the fine and is now in prison.
“This government has allowed Section 233(1)(a) of the CMA to be utilised as a backdoor anti-fake news law, and this prosecution and sentence would undoubtedly strike fear into the hearts of the ordinary public.
“The government must not be trigger happy in charging and jailing anyone who participates in such discussion. If there was anything incorrect or untrue, the government is well-equipped to counter it with the full force of the government communications facilities,” he added.
Anti-fake news law opposition
Zaid reminded Prime Minister Anwar Ibrahim and Pakatan Harapan of their campaign against the Anti-Fake News Act in the past.
PM Anwar Ibrahim“The justification for opposing the Anti-Fake News Act should apply similarly to Section 233(1)(a) of the CMA. In fact, it is one of the reasons why Harapan previously promised to repeal the provision; a promise they have shamelessly broken.
“Fake news on matters of public importance should be addressed and answered, but it is wrong to slap the public with criminal charges for that reason.
“That would be a slippery slope into authoritarianism, where any discourse on matters of public interest must be in the narrative factually approved by the government of the day,” he added.
Touching on royals
LFL also expressed concern that the reports relating to the conviction of Johari under Section 233(1)(a) of the CMA portrayed the charge as bringing disrepute to the royal institution.
“This is yet another dangerous position to take as the royal institution is involved with many integral parts of public administration, including the grant of pardons.
“Simply because they form part of the conversation should not immediately mean that it is done with the aim of bringing disrepute to royal institutions.
“We hereby remind the government that it must not render freedom of speech illusory by instilling fear on the members of the public with indiscriminate threats of prosecution. Any response to ‘fake’ news should not come at the expense of the right to freedom of speech,” Zaid said.
In 2019, the Pakatan Harapan administration under then prime minister Dr Mahathir Mohamad had abolished the Anti-Fake News Act.
The government had said the repeal was in accordance with its commitment to abolish draconian laws.
"This tyranny is history that we do not want to repeat. We cannot enslave humans through draconian laws because freedom is the most precious thing," said then deputy law minister Hanipa Maidin. - Mkini

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