Yb Fahmi Fadzil The Question Is Is It A Criminal Or Civil Offense
I have some very last comments at the very end.
"Like all other citizens, should PM feel aggrieved by adverse comments, he must file a defamation suit in a civil court" - Zaid Malek, director Lawyers for Liberty.
Zaid stressed that police powers were to guard public order
In functioning democracy, police action cannot be taken against politicians or critics for issuing objectionable, insulting or false statements against anyone, including the prime minister.
If police initiate criminal investigations into every accusation or insult to the prime minister, it will be a slippery slope towards authoritarianism
“No matter how objectionable or insulting the speech may be, criminal action cannot be the response. That is how we foster a healthy democracy,” he said
Zaid viewed involving police on slander as an abuse of power
PM holds no special status at law, cannot lawfully call police to defend his reputation
abuse of power for PM to order police investigations into people who make accusations against him, as he is an interested party
Like all other citizens, should PM feel aggrieved by adverse comments, he must file a defamation suit in a civil court.
The job of police is to prevent crime, not to protect the PM from insult or criticism Zaid added
https://www.malaymail.com/news/malaysia/2022/11/30/police-powers-must-not-be-used-to-silence-critics-of-pm-legal-group-tells-new-government/42656
By Ashley Yeong
Wednesday, 30 Nov 2022
KL Nov 30 — Lawyers for Liberty called on PM to drop investigations into critics
and uphold PH's promise of govt reform
director Zaid Malek said new govt must avoid excesses of previous govts
if it truly wants to empower free speech and robust democratic culture
We call upon new govt and PM to uphold promise of reform in GE15 manifesto
halt all investigations on critics of PM he said in a statement
unacceptable for new govt, which promised reforms, to immediately call for police action against critics of PM he added
Fahmi Fadzil said PM instructed police to take action on “slanderous” critics.
Bukit Aman confirmed investigation on PAS’ Baling MP
under Section 504, Section 500 Penal Code, Section 233 Multimedia Act
Zaid viewed involving police on slander as an abuse of power
PM holds no special status at law, cannot lawfully call police to defend his reputation
abuse of power for PM to order police investigations into people who make accusations against him, as he is an interested party
Like all other citizens, should PM feel aggrieved by adverse comments, he must file a defamation suit in a civil court.
The job of police is to prevent crime, not to protect the PM from insult or criticism,” Zaid added.
The fact that police probe is apparently at Anwar’s behest is inappropriate and potentially unlawful.
“Will citizens feel afraid now to criticise the PM?” Zaid asked.
He also called out PH, alleging it was reversing GE15 pledge to Section 233 of Communications Act
He reminded PH leaders they had once been on receiving end of police action
should know better than to foist it on their critics
PH always taken position it is untenable for PM to use police to silence critics he said
Zaid stressed that police powers were to guard public order.
In a functioning democracy, police action cannot be taken against politicians or critics for issuing objectionable or insulting or false statements against anyone, including the prime minister.
“If the police initiate criminal investigations into every accusation or insult to the prime minister, it will be a slippery slope towards authoritarianism.
“No matter how objectionable or insulting the speech may be, criminal action cannot be the response. That is how we foster a healthy democracy,” he said
My Comments :
I will not play that laughing lion again - this time. Instead here is that cat:
Lets see what the cat drags in tomorrow
Its been less than a week.
There was the team up with Zahid Hamidi and UMNO. There was also that invitation extended to PAS (do not forget that).Now this issue of telling the cops to investigate "slanderous critics".
Lets see what the cat drags in tomorrow.
Ok here are my "very last comments at the very end".
This is the FIFTH prime minister (Najib included) since May 2018. Five changes of Prime Minister in just over FOUR years. How long will or can this present government last? It is anyone's guess.
When Dr Mahathir, then Tan Sri Muhyiddin and then Ismail Sabri took over, they went after the bad guys and the wrong doings of the previous administration. Through due process of the law.
As a result Najib is in jail. The other fellow still has multiple Court charges. And the rest of the Court Cluster is still not fully clear of all their legal entanglements. Even that very young MP is still facing Court charges.
Perhaps this is a good thing for the evolution of our democracy. It may encourage the Parliamentarians, Assemblymen and leaders to obey and uphold the law closely. Otherwise once the government changes then they may find themselves having to answer for their actions. Times have changed.
The views expressed are those of the writer and do not necessarily reflect those of MMKtT.
By Syed Akbar Ali
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